HWA can exist between categories of workers (with the majority agreement that binds all members of the group) and an employer or a single employee and an employer. They allow the employer to determine on average the working time over a period of up to 12 weeks to determine overtime or a break with pay. HWA also allows employers and workers to set a daily overtime threshold of no more than 12 hours. If a collective agreement provides otherwise, the condition of moving from one position to another must be consistent with the collective agreement. Overtime applies when employees have the right to work hours that go beyond HWAA`s daily hourly needs. If there is no collective agreement, the average agreement must meet all the following criteria: workers must be paid for all hours worked above the average of 40 hours per week for the period covered by the agreement. A HWAA may be requested by the employee or employer, while an FAA can only be requested by the employee. The agreement only has to indicate a timetable for the employee to follow and it must be made available to them in advance. In addition, a period of intervention must be established. Its length is determined by the nature of the funding agreement.
The employer may also change the schedule if the average agreement provides that if the employer and the employee accept a break with a salary instead of overtime, overtime is paid at a rate of at least 1 hour for each overtime worked. For more information, see overtime and overtime. Example 1: A one-week schedule for an employee working an average of 40 hours Note: Collective agreements can define different methods of distributing copies of funding agreements to employees. Overtime is calculated over the time of day or the average period. Employers can choose one of two options. Employers may require or allow workers to work modified hours through a funding agreement. Existing funding agreements remain valid as soon as possible: the Director of Employment Standards may, at any time, terminate a funding agreement taking into account all factors deemed relevant by the Director. The funding agreement must only indicate a work plan that applies to the employee. Staff members can apply in writing to move to their funding agreement, provided the total hours provided by the agreement remain the same.
Overtime is payable in daily or average overtime. 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. Funding agreements provide employers with some relief when it comes to overtime, as they allow the average working time of a worker to be calculated over a period of time, not per week. Under the code, a staff member had to approve a funding agreement before such an agreement could be implemented. As of November 1, 2020, there is no longer a need to approve; Instead, an employer will only send the worker a two-week written notification before starting or adapting a funding agreement. The new average period will also be increased from a maximum of 12 weeks to 52 weeks, and no end date would be required. A worker is entitled to overtime under a resource agreement if his or her schedules are exceeded: the Alberta Labour Standards Act requires employers to pay workers for all overtime worked. However, when a funding agreement is established, the rules for calculating overtime pay change. Flexible time is a paid break that is granted when an employee works more than the hours scheduled on a day, but no overtime.