Averaging Overtime Agreement in Ontario

If you`re an employee in Ontario, you may be eligible for overtime pay when you work more than 44 hours per week. However, if you and your employer agree to averaging your hours over a period of time, you may be able to work more than 44 hours per week without receiving overtime pay.

An averaging overtime agreement is a legal agreement between an employer and employee that allows for the averaging of hours over a certain time period. For example, if you have a two-week averaging agreement, you could work 50 hours one week and 38 hours the next week, resulting in an average of 44 hours per week. This means you would not be entitled to overtime pay for the two weeks.

It`s important to note that averaging overtime agreements must be agreed upon by both the employer and employee, and must be put in writing. The agreement should outline the time period for averaging (e.g. one week, two weeks, etc.), the number of hours that will be averaged, and the rate of pay for any additional hours worked.

It`s also important to understand that not all employees are eligible for averaging overtime agreements. For example, employees who work in certain industries, such as construction or healthcare, may not be eligible for averaging agreements.

If you`re considering an averaging overtime agreement with your employer, it`s essential to understand your rights and ensure that the agreement is fair and reasonable. Consulting with an employment lawyer or a representative from the Ministry of Labour can help ensure that your rights are protected.

In conclusion, if you`re an employee in Ontario, an averaging overtime agreement could be a beneficial option for you and your employer. However, it`s essential to understand your rights and ensure that any agreements are fair and reasonable. By doing so, you can protect your rights and receive the compensation you deserve for your hard work.