HWAA requires a written agreement with specific conditions, including a work plan indicating every working day and the number of hours worked on each of these workdays during the average programming period. Unlike the FAA, if a HWAA application group, all new employees who are hired in the group after the HWAA, are considered consent and are bound by the terms of the HWAA. The standard work day (for the purposes of the law) is 8 hours and the standard work week is 40 hours. In the absence of an average overtime agreement, employers must pay overtime rates for the overspend of the normal day and normal week. Hours can be used for cycles of 1, 2, 3 or 4 weeks. The number of hours can vary each day or week during the average cycle. However, the average weekly working time covered by the agreement must not exceed 40 hours. Average hours of work can be worked between a worker or a group of workers and their employer. The remaining overtime is paid within 10 days of the end of the pay period that ends. However, overtime provisions are not adapted to work plans that are inconsistent or that indicate random early hours. Simply put, the overtime rate does not eliminate overtime pay and does not protect employers who sporadically request an employee to work a longer day or a longer week. The calculation of flexible time depends on the average overtime.
Overtime due is the highest daily or average overtime. As a result, employers must deduct all of the daily overtime paid to workers from the average time owed to determine whether overtime is due at the end of the median period. The employer and employees can renegotiate or terminate the person or group (if the majority approves) HWAA at any time. Any party to HWAA may terminate the contract with a 30-day period. The termination will take effect at the end of the 30-day period, which in some cases may be longer than 30 days. However, only one staff member cannot leave a HWAA group. Overtime calculated on the basis of the daily period and the programming period. Overtime is due for hours worked beyond working time: workers working under a HWAA are entitled to casual leave for each year of employment: average overtime is calculated as if the worker had worked the remaining planned positions during the median period (the rules apply to the daily or average period). There are many other nuances about the use of overtime credit contracts, and I strongly recommend taking advice in advance on this topic or, at the very least, exploring the “Means Conventions” fact sheet on the B.C website. However, the existence of an average overtime agreement does not completely eliminate the obligation to pay at the overtime rate. Employers have to pay… The frequency of the contract can be repeated and one of the essential aspects of the overtime funding act is that there must be a written and signed overtime transfer agreement before the contract begins.
(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.) The flexible investment contract, which is not part of a collective agreement, is valid: the financing contract must only indicate a work plan that applies to the employee. Properly used, funding agreements can save employers a lot of money – why not use one of the few gifts for employers in law? If a collective agreement provides otherwise, the condition of moving from one position to another must be consistent with the collective agreement. 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).