Norma has writtenly requested a change to the schedule for the postponement of scheduled opening hours from Monday to Thursday. Overtime pay is not the result of such a change in the schedule. If the employer had postponed the hours without Norma`s written request, the 2 hours of more than 8 hours not scheduled on Thursday would be considered daily overtime in accordance with s.37 (6). (a) 40 hours if the agreement provides for a one-week period under subsection (2) point (a) iii); b) an average of 40 hours per week when the agreement provides for more than a week under subsection (2) a) iii). The calculation for the determination of weekly overtime: 1. An employer enters into a verbal agreement with an employee on the work of 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. For example, a “short-haul truck driver” within the meaning of the S.1 of the Employment Standards Regulation is excluded from Ss.35, 40 and 42 (2) from Part 4 of the Act. Section 37.3 (3) of the Employment Standards Regulation requires overtime pay after certain hours of work. The “short-haul truck driver” may enter into a funding agreement, as the regulation does not exclude him from the act.37 When the parties enter into a funding agreement, the provisions of the Act determine the calculation and eligibility of overtime. In this case, the agreement s.37 provides for the exclusion of the driver from the provisions of the overtime regulations. 2. The employer and the worker enter into a two-week funding agreement with a total work schedule of 90 hours.
The agreement is not valid because the average working time exceeds 40 per week. Therefore, The Act s.40 would apply to the calculation of overtime. b) the timing of the agreement in point (a) iv) and points 3) and c) the worker receives a copy of the agreement before the date on which the deadline specified in the agreement begins. Employees must exhaust their transferred overtime within 6 months, from the end of the salary period during which overtime was earned. The following industries and occupations are exempt from the basic rules of the 8-hour-a-day and 44-hour-a-week overtime code: regardless of whether a layoff has been made, all unpaid and unpaid overtime must be paid until the end of the last working day at 1.5 times the worker`s normal wage rate at the time of pay. 3. A work programme under an agreement under this section cannot provide the worker for a working time of more than 4 hours per week, payable at 1.5% of normal wages.