– one and a half hours for all hours worked an average of more than 40 hours per week above the defined average cycle. Under Act S.3, if a collective agreement contains a provision that respects working time or overtime, these provisions are in compliance or beyond the provisions of this section, and the provisions of this section do not apply. If a collective agreement does not contain a provision on working time or overtime, Part 4, with the exception of s.37, is considered part of its terms in the collective agreement. Another consideration is that means agreements, at least in BC, require the employer to set pay weeks and pay periods on the basis of the calendar week from Sunday to Saturday. In BC, overtime, even under a placement agreement, must be calculated on working hours between midnight on Sunday morning and midnight on Saturday night. If a 4-week funding agreement begins on Sunday morning, January 1, 2017.B, it will end on Saturday, January 28, 2017. 2. Employer and employees will enter into a 2-week funding agreement with a total work schedule of 90 hours. The agreement is not valid because the average working time exceeds 40 per week. Therefore, The Act s.40 would apply to the calculation of overtime. Thanks for sharing. I also read your article “How Stat Vacation Affects Overtime” and it helps us a lot. Dig down.
Please, could you help determine whether, under the medium-term agreement, workers also comply with the following rules: a. The weekly overtime threshold of 40 hours (on average) does not change when there is a statutory holiday; B. Legal holidays themselves are not considered hours of work for daily or weekly overtime in BC; c. The work of a statutory holiday does not count towards daily overtime (they are already paid for overtime); d. For weekly overtime, only the first 8 hours (12 hours, I think in the case of an average agreement) worked during a day count; E. The work of a statutory holiday counts for weekly overtime when those hours fall within the 40 hours used to determine weekly overtime. But working on a statutory holiday is not overtime. In other words, you do not pay a bonus and a half for work on statutory leave and you set the same hours as overtime. It would be a double immersion; Thank you and we look forward to your honesty, Eva An important aspect of the average overtime in the law is that there must be a written agreement, signed on average overtime before the start of overtime. (Employers who wish to prove in retrospect the existence of an agreement at average hours can expect little sympathy from the Department of Employment Standards.) If the employer freely has hours of work, these hours can be scheduled at any time during the median period. This means that they can be planned weekly or can be planned at any time during the median period. A staff member must receive a copy of the agreement before the date the period indicated in the agreement begins.
Employers must also keep a copy of the contract for two years after the termination of the worker`s employment relationship to which the agreement applies. One of the few provisions of the B.C Employment Standards Act that employers consider to be in their favour is the average overtime (section 37).