A Guide to the Employment Standards Act

PLEASE NOTE: THIS INFORMATION IS OUTDATED (it is retained here for comparison purposes only)

See

http://www.labour.gov.bc.ca/esb/esaguide/

for current information

A Guide to the Employment Standards Act

8. FLEXIBLE WORK SCHEDULES

The Act permits an employer to implement certain work schedules under which an employee will work more than 8 hours on a given day or 40 hours in a given week without being paid overtime. Called "flexible work schedules," they follow certain repetitive cycles which over their course average no more than 8 hours a day or, with one exception, 40 hours a week.

Employees Not Covered by A Collective Agreement

Where employees are not covered by a collective agreement, a flexible work schedule must meet all of the following conditions:

the schedule must be one permitted by the Regulation,
the schedule must cover at least 26 weeks,
the schedule must be approved by a least 65 per cent of the affected employees, and
the employer must provide the Branch with a copy of the schedule within 7 days of its approval by the employees.

For more information, see the related fact sheet on Flexible Work Schedules.

Prior to being approved by the employees, the Regulation requires the employer to post for 10 days an information bulletin which describes the proposed schedule.

An employer may cancel a flexible work schedule at any time. The Branch may also cancel the schedule if it receives a written complaint from one of the affected employees, and is satisfied that the employer either did not follow the procedure in the Regulation or unduly influenced, intimidated or coerced any employees to approve the schedule. Unless cancelled earlier, a schedule expires 2 years after it was approved, but may be renewed with the approval of 65 per cent of the affected employees.

Where an employee on a flexible work schedule works more than an average of 8 hours a day or 40 hours a week over the shift cycle, overtime wages must be paid as set out in the Regulation.

Employees Covered by a Collective Agreement

Where employees are covered by a collective agreement, a flexible work schedule must:

run for at least 26 weeks,
consists of a shift cycle of days at work and days off work that repeats over a period of up to 8 consecutive weeks,
allows each affected employee to work during each shift cycle an average of at least 35 and not more than 40 hours per week at the employee's regular wage, and
has been approved by a trade union representing the affected employees.

Where an employee on a flexible work schedule works more than an average of 8 hours a day or 40 hours a week over the shift cycle, overtime wages must be paid as required by the collective agreement.

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