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). For the most part, the overtime rate allows employers to plan work in atypical shifts without having to pay them for overtime (half-year or double time and rates). A key aspect of the imclassification provisions of the Working Hours Act is that there must be a written and signed agreement on overtime extensions before overtime 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 start and expiry date of the duration of the agreement, and I recently received a number of questions from employers about the availability and details of the so-called overtime average. It`s been years since I talked about this for the last time, so I thought I was going to go back to basics and talk about wages, overtime and average. If certain conditions are met, hours of work for the calculation of the entitlement to overtime can be calculated over a period of two weeks or more to a maximum of four weeks (meaning that overtime pay must only be paid if the average weekly duration of work is greater than 44 during the average period). Employers who wish to respect an average worker`s working time to determine overtime pay must obtain a written funding agreement from the employee or union if the worker is represented by a union. 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. You can use the Ministry of Labour`s average and break in the location calculator to see how much overtime you will receive for 2, 3 or 4 weeks if you have a funding agreement. The frequency of the contract term can be repeated and as long as the average weekly hours of the worker do not exceed 40 during the agreed average cycle and the worker never works more than 12 hours per day, there is no obligation to pay overtime. My example of a 4-hour shift would therefore not result in overtime pay obligations. Employers use means agreements to avoid overtime.
If you sign a funding agreement, you will receive less for your overtime. An overtime contract must be written and must be dated and signed by you or your union and employer. 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.