Subsection 2. This subsection sets out the contractual terms. Unless an agreement meets all the conditions set out on page 37 (2), the Director will find that the funding agreement is invalid and that the provision of the Act applies to the determination of overtime rights and salaries (see example below) and the provision of the Act also applies to the determination of bonus compensation during a 32-hour rest period. 37 (2) (a): The worker is scheduled for 40 hours in a one-week contract. The 5 hours of work of more than 40 hours are calculated as weekly overtime at 1.5 X of normal salary. Note: Overtime wages that are earned at work under a s.37 fund agreement may be put to the bank in accordance with Law s.42. In accordance with Employment Standards Regulation 37.8, an employee who works for a high-tech company and is not a high-tech specialist can enter into an agreement that amends the provisions of s.37. It is not required to notify the Department of Labour Standards when the parties enter into a funding agreement. In addition, the branch does not provide examples of fund agreements and branch staff do not have the authority to approve a funding agreement in accordance with this section. The employer and the worker may enter into a financing agreement unless the Employment Standards Regulation excludes the parts of the Act s.37. An employer enters into a verbal agreement with a worker on working three days of 12 hours per week. Since the agreement was not ceded in writing in accordance with Part 7 (a) (i) above, all conditions of s.37 (2) are not met, so the agreement is not valid and the s.40 applies to the calculation of overtime. Staff members can apply in writing to move to their funding agreement, provided the total hours provided by the agreement remain the same.
Example: Employment ends 2 weeks in an average of 4 weeks. A total of 90 hours of work were completed. Weekly overtime would not be due, as the total number of hours worked did not exceed 160 hours (4 weeks X maximum 40 hours per week). Employers have to pay… An employer and a worker can agree on average for a working time of one, two, three or four weeks. Employees can agree to work up to 12 hours a day, on average no more than 40 hours per week, without overtime being paid. Ii. The agreement is an individual agreement between an employer and a worker and does not apply after signing for the period worked before the contract is signed.
37. (1) Despite sections 35, 36 (1) and 40, but subject to this section, the employer and the worker may agree to organize the duration of the worker`s working time over a period of 1, 2, 3 or 4 weeks on average, in order to determine, if applicable, the worker`s right to overtime pay in the subsections (4) and (6) of this section , as well as subsection salaries (8) or (9) (b).