The Labour Standards Code states that nothing in the Code affects the rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable than the rights or benefits under this Act.
See: Code: Section 6
Employers and employees may average hours of work where there is a pre-determined, fixed cycle of work that repeats over a specific period of time. For example, it is not uncommon to see this type of schedule in the health care sector where staff may work six days on and four days off.
This type of averaging allows employees and employers to schedule extra hours in a day or extra days in a week in exchange for time off. There must be a greater benefit
in the form of an extended period of time off otherwise the employer has violated the Labour Standards Code.
A pre-determined, fixed cycle with averaging must meet the following conditions:
Averaging agreements do not have to be filed with Labour Standards. However, if an employee files a complaint the employer will be required to provide evidence of the agreement and the benefit otherwise overtime at 1 ½ times the employee's rate of pay will be payable for each hour worked over 48 in one week.
No.
Yes, employees who are subject to an agreement must agree in writing.
Overtime is payable for those hours worked in excess of an average of 48 per week. If the cycle is 4 weeks (48 x 4 = 192) then overtime is payable once the employee exceeds 192 hours of work during the four week cycle.
An increase in the overtime threshold, from 40 to 48 per week, is a change in the terms and conditions of employment. The employer must give each employee notice of the change. For example, if the employee has been employed by the employer for a period of more than three months but less than two years, one weeks' written notice is required.
Or, pay the overtime previously agreed upon. For example, if the employer and employee agree that overtime is payable after 40 hours per week (a greater benefit than the minimum in the Code), instead of 48, then this benefit may continue.
Only if the employer has written approval from the Director of Labour Standards in the form of a variance. Otherwise, the Labour Standards Code requires one day off in seven.
greater benefitin the form of extended time off defined?
By looking at the industry or sector, determine (among other things) the following:
For example, in government the practice is to work a 5 day week with 2 days off, even though the Labour Standards Code only requires 1 day off in 7. Therefore, the standard for government employees is 2 days off in 7. In order to meet the greater benefit test a third day off would be required.
greater benefitdetermined?
A greater benefit
requires a comparison of the minimum benefit provided in the Labour Standards Code and the benefit provided by the employer. When comparing benefits, Labour Standards does not look at the total employment package but rather the specific benefit at issue. This means that statutory overtime entitlement is compared to the overtime benefit that the employer is offering.
Hours of work accumulate with the employee who, in fact, performs the work.
The employee will be paid the scheduled hours of work at the regular rate of pay and overtime is payable at 1� the regular rate after 48 hours of work in one week, unless some other rule applies.
Notice is required. The amount of notice must be equivalent to the requirements under section 72 of the Code. In the absence of notice, overtime pay would be calculated according to section 40(4) of the Code.
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