Where a worker is excluded by the Regulations of the Act and the regulations set overtime requirements to replace those listed on page 40, employers and workers can nevertheless enter into a funding agreement for the s.37. In this case, s.37 of the law prevails over overtime requirements in the regulation of employment standards. (a) to pay the worker all overtime wages that were credited to the time bank at the time of its closure; 1. An employer enters into a verbal agreement with a worker on the three-day, 12-hour work 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. (13) The employer must maintain a funding agreement under this section for a period of four years after the following years, if applicable: 40. (1) The employer must pay a worker who works more than eight hours a day and does not work under a funding agreement under Section 37 iii. The agreement must set a deadline of 1 to 4 weeks. The agreement may not exceed 4 weeks, unless the director varies.
(see section 72 (h.1) of the law). If a worker works during the rest period (for example. B due to an emergency), he must be paid for overtime. Work doesn`t always happen for overtime. (c) to pay the worker a portion of the overtime wages that were credited to the time bank at the time of its closure and to allow the worker to use the rest of the overtime wages credited to take a break with pay. (9) Where the time specified in a financing agreement is more than one week, the employer has 87 (1) Despite another law, unpaid wages are a pledge, collect secured debts for the benefit of the director from the date of setting wages, against the entire real and personal property of the employer or another person mentioned in a decision. , a transaction contract or order, including money owed or owed to the employer or another person from any source. Section 37 of the Employment Standards Act allows workers and employers to agree on irregular schedules that would otherwise attract overtime. As an employer of tourism, you may find that funding agreements offer flexibility and cost savings.