In BC, employers can obtain a funding agreement for new recruitment. This is done by indicating in the letters of offer that the offer is subject to written acceptance of the terms of the financing agreement. Although not so simple, the same can be done for existing employees. Existing staff must agree in writing to a funding agreement, i.e. they also have the right to object. The only way to overcome this opposition is to state in writing that the current employment after the notice period has expired depends on the written acceptance of the funding agreement. The employer is threatened with dismissal unless the workers accept the new terms of employment. Some people may not be satisfied with a tactic that could be perceived as “hard.” 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.) Another consideration is that means agreements, at least in BC, require the employer to set pay weeks and pay periods on the basis of the calendar week from Sunday to Saturday. In BC, overtime, even under a placement agreement, must be calculated on working hours between midnight on Sunday morning and midnight on Saturday night.

Like what. B a 4-week funding agreement begins on Sunday, January 1, 2017, and will end on Saturday, January 28, 2017. Workers who work under a funding agreement and will receive one-week hours must be given at least 32 consecutive hours of work each 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. As long as the average weekly working time of the employee does not exceed 40 during the agreed average cycle and the employee 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.

The overtime provisions are intended for a situation where employees must regularly work a non-standard day. An example would be a consistent work week with 4 10-hour shifts. An average overtime agreement allows employers to use this type of schedule without requiring overtime hours. – one and a half hours for all hours worked an average of more than 40 hours per week above the defined average cycle.