An employer and an employee can agree to an average of work hours scheduled over 1, 2, 3 or 4 weeks. Employees can agree to work up to 12 hours in a day, averaging no more than 40 hours per week, without being paid overtime.
An averaging agreement must be signed by the employer and employee before the start date. It must also include:
The employee must receive a copy before the agreement takes effect. Averaging agreements do not have to be filed with the Employment Standards Branch.
Employees are paid time-and-a-half for hours worked:
AND
They must be paid double-time for extra hours worked past 12 hours in a day.
Example: An employee is scheduled to work a 10-hour shift but ends up working 12 hours. The employee is paid time-and-a half for the 2 hours added to the work schedule for that day.
Employees must be paid time-and-a-half for any hours they work that exceed the average of 40 hours per week for the period covered by the agreement.
Example: An employee who works 4 10-hour days per week over a 4-week period is asked to work on another day for 8 hours. The employee must be paid time-and-a-half for the extra hours worked.
An employee must have at least 32 hours in a row free from work. This rest period can be taken in the same week, in different weeks, or consecutively at any time during the term of the schedule.
If an employee works during their rest period (e.g. because of an emergency), they must be paid for working overtime. Working through a meal break does not always result in overtime pay.
| Sun | Mon | Tues | Wed | Thurs | Fri | Sat | |
|---|---|---|---|---|---|---|---|
| Scheduled work hours | 0 | 10 | 10 | 10 | 10 | 0 | 0 |
| Sun | Mon | Tues | Wed | Thurs | Fri | Sat | |
|---|---|---|---|---|---|---|---|
| Week 1 | 8 | 8 | 8 | 8 | 8 | 8 | 8 |
| Week 2 | 8 | 8 | 8 | 8 | 8 | ||
| Week 3 | 8 | 8 | 8 | 8 | 8 | ||
| Week 4 | 8 | 8 | 8 |
Employees can make a written request to change to their averaging agreement as long as the total hours scheduled in the agreement remain the same.
An employee qualifies for statutory holiday pay if they have been employed for 30 calendar days and have worked under an averaging agreement within the 30 days before the statutory holiday.
If you're having issues at work, find out what you can do:
References from the Employment Standards Act and Regulation
The B.C. Public Service acknowledges the territories of First Nations around B.C. and is grateful to carry out our work on these lands. We acknowledge the rights, interests, priorities, and concerns of all Indigenous Peoples - First Nations, Métis, and Inuit - respecting and acknowledging their distinct cultures, histories, rights, laws, and governments.
We can help in over 220 languages and through other accessible options. Call, email or text us, or find a service centre
