Example: a funding agreement indicates a 4-week funding period that will be renewed 13 times. During the second week of the 10th repetition of the average period, the employer tells the worker that the contract must be terminated. It can be interrupted at the earliest at the end of the 10th repetition of the average period. Subdivision 37 (12) This Division ensures that subsections 37 (2) to (11) form part of the terms of the financing agreement. § 37 (13) The financing agreement, including any amendment to the agreement provided for in Article 37 (10), must be retained by the employer for 4 years after the expiry of the agreement. If the funding agreement has been renewed, records must be retained for four years after the last expiry date. § 37 (14) The operation and enforcement of a financing agreement under this Section is a minimum requirement under the Act and, as such, not a waiver as described in section 4 of the Act. how many “periods”) can exist the agreement to the average. For example, the contract itself cannot expire for two years, but the maximum number of weeks that can be used to calculate entitlement to overtime for any period is four weeks. The non-collective agreement agreement is a flexible average: as long as the worker`s average weekly working time does not exceed 40 during the agreed average cycle and the worker never works more than 12 hours a day, there is no obligation to pay at the overtime rate.
My example of a work week of 4 10-hour shifts would therefore not entail overtime pay obligations. Workers may also be entitled to overtime rates based on the number of hours worked in a week. If workers work more than 40 hours per week on average within the time limit set by the agreement, they are entitled to one and a half hours for the time spent more than 40 hours. To calculate the average weekly hours for an employee, you count the first 12 hours worked by the employee each day and exclude all hours worked beyond the scheduled hours for which daily overtime rates were paid. The employer may also change the schedule if the funding agreement provides that subsection 37 (11) This subsection binds the parties to an agreement until its expiry, either at the end of the planning period or at the end of the schedule repetition agreement. Termination of the contract for termination of employment Partial termination of the employment relationship for a period (1 to 4 weeks), the calculation of weekly overtime in Article 37 applies as if the worker had remained employed until the end of the programming period and the daily overtime is also calculated in accordance with this section. (8) Article 36(1) applies to a financing agreement where the time limit laid down in the agreement is 1 week. (9) If the period set out in an average agreement is more than one week, the employer must be either one of the few provisions of the B.C. Employment Standards Act, which the employer considers to be to his advantage, the average overtime scheme (§37). In essence, averaging overtime allows employers to schedule employees for non-standard positions, without having to pay them at overtime rates (an hour and a half or two).
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