British Columbia Averaging Agreement





iii. The agreement must be terminated for a period of 1 to 4 weeks. The agreement may not exceed four weeks, unless amended by the Director. (See section 72 (h.1) of the Act). Workers who work under average agreements in which hours are publicized over a period of more than one week must either receive 32 consecutive hours of work per week during the average period or receive 1.5 times their normal wage for the time worked instead of receiving unemployed hours. 2. Employers and employees shall conclude an average agreement of two weeks with a total working time of 90 hours. The agreement is not valid because the average working time exceeds 40 per week. Therefore, section 40 of the Act would apply to the calculation of overtime. Paragraph 1. An agreement on the average working time provided for in this division allows an employer and an employee to agree on a work schedule of up to 40 hours in a one-week schedule or an average of 40 hours in a 2- to 4-week work schedule, without weekly overtime.





A daily work plan in an average agreement gives rise to daily overtime when the scheduled working time exceeds 12 hours. (h.1) a period referred to in Article 37(1) (number of weeks covered by an agreement on average working time);  the order of business for each working day covered by the agreement. (9) If the period set out in an average agreement is more than one week, the employer shall either, in accordance with section 3 of the Act, where a collective agreement includes a provision on working time or overtime, meet or exceed the provisions of this Division and the provisions of this Division do not apply. Where a collective agreement does not provide for regulations on hours of work or overtime, Part 4 is considered part of its provisions in the collective agreement, with the exception of S.37. 40 (1) An employer shall pay a worker who works more than 8 hours a day and who does not do so under a resource agreement under section 37, 10. Upon written request by the worker, the employer and the worker may agree to adapt the work plan referred to in paragraph (2) (a) (iv) if the total number of hours provided for in the agreement remains the same. . . .

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