Providing this type of flexibility can be a big hit for both the employer and the worker, but overtime requirements for employment standards can make flexible schedules unsustainable for the end result. So what should an employer do if employees regularly work more than 8 hours a day or 40 hours a week and the deal works well, but leads to regular overtime? One possible solution is a funding agreement. There are many other nuances in the use of average overtime agreements, and I strongly recommend getting advice in advance on this topic or, at the very least, reading the “Commitment Agreements” fact sheet on the B.C. Employment Standards website. Yes. Employers who allow or require workers to work longer than the hours provided for in the agreement must pay those workers 1 and 1/2 times their normal hourly wage for overtime worked. A financing agreement may be concluded between an employer and a single employee or group of workers. To enter into a funding agreement, employees must regularly work 30 hours or more per week and not be unionized. For a more detailed overview of the provisions of the financing agreement, see Section 37 of the ESA. For more information, see the following sectoral guidelines on employment standards: factsheet on media coverage of agreements, factsheet on derogations and guidelines for the interpretation of financing agreements. Overtime due is the most important of the daily or average overtime. Therefore, employers must deduct all daily overtime paid to employees from the total average overtime period to determine whether overtime is due at the end of the average period. If an employee does not sign a funding agreement, the employer can terminate the employment relationship.

However, as with any other dismissal for no reason, you should assign the employee an appropriate dismissal or payment instead of resigning, which could prove costly! A worker is entitled to overtime under an average agreement if his working time is exceeded: do you already have a funding agreement or are you planning to roll out one? Take the time to make sure you check all the right boxes by carefully checking the rules above. Under an average agreement, an employee may at any time file a complaint against an employer for non-payment of wages or overtime pay, or both while the resources agreement applies to the worker, or under a medium-duration agreement, the standard working time may be equal to or greater than 12 hours per day and 60 hours per week over a 12-week cycle. . . .