Averaging Agreements Canada Labour Code

If the staff does not have regularly scheduled daily or weekly hours, but is called upon if necessary, an average should also be formed. 452 hours / 12 weeks = 37.6 hours per week, which meets the average needs not exceeding 40 hours per week. Part III of the Canada Labour Code and Canada Labour Standards does not distinguish between types of labour agreements. The average can be supported for a class of workers that includes different types of work arrangements (full-time, as planned or off-plan, permanent, part-time, casual or seasonal work) provided that the funding criteria are met. These employees, who find themselves in abnormal work situations, are subject to the same maximum and standard hours as full-time workers in the same average situation. A funding agreement is a written agreement between an employer and a single employee or group of workers. This agreement establishes a new timetable that sets standard working hours. Overtime is calculated on a daily or average basis. Employers can choose one of 2 options.

The rules relating to the average ability of employers to maintain workers` working time for several weeks of work are set out in Part III, Subsection 169(2) of the Canada Labour Code and Division 6 of the Canada Labour Regulations. This is a national approach that allows the average working time to be covered for two or more consecutive weeks, for the following reasons: as a general rule, a worker receiving a basic salary is considered a “right to regular wages” within the meaning of Paragraph 6(7)(e) of the Regulation. .