Averaging Agreement Under Section 37

septiembre 12, 2021 leedeforest

3. At the request of a person to whom a finding or a request or communication pursuant to paragraph 30(1)(2) is to be notified, the finding or invitation or notification referred to in paragraph 30.1(2) may be transmitted to the person by electronic means or fax. (a) ensure that the worker is employed for each week; which is covered by the agreement, has an interval of 32 consecutive hours without employment, whether the interval is taken in the same week, several weeks or successively during the weeks covered by the agreement, or (b) to pay the worker 1 1/2 times the normal wage for the time worked by the worker during the periods over which the worker would otherwise be entitled to be free from the work referred to in point (a). 4. Where, after appealing a person in accordance with paragraphs 2 and 3, where the decision under appeal is amended by the manager pursuant to Article 86, the person shall, within seven days of notification of the amendment (a) for a parent who takes leave under Article 50 in respect of the birth of the child or children: for which parental leave is to apply. Up to 61 consecutive weeks of leave without pay, which must begin immediately after the end of the leave taken under section 50, unless otherwise agreed between the employer and the worker, (9) After hearing the appeal, the Supreme Court may confirm, amend or set aside the contested decision or refer the matter back to the Director. 91 (1) The Director may at any time file a decision, settlement agreement or order of the Court in a registry of the Supreme Court. Paragraph 1. An agreement on the average working time provided for in this division allows an employer and an employee to agree on a work schedule of up to 40 hours in a one-week schedule or an average of 40 hours in a 2- to 4-week work schedule, without weekly overtime. A daily work plan in an average agreement gives rise to daily overtime when the scheduled working time exceeds 12 hours. 4. A finding, invitation or notification in accordance with paragraph 30.1(2) shall be deemed to have been served when the manager receives confirmation of the transmission from the notified person.

Where a worker is excluded by the Decree of Section 40 of the Act and the Regulation sets out overtime requirements to replace the requirements of Section 40, employers and workers may nevertheless choose to enter into a funding agreement under Section 37. In this case, section 37 of the Act takes precedence over the overtime requirements set out in the Employment Standards Regulation. 2. From the date on which a finding is made pursuant to Article 79 or a settlement agreement is concluded in accordance with Article 78, which requires the payment of wages or other amounts, no interest referred to in paragraph 1 shall be charged until thirty-eight days after that date. . . .