Individual Flex-time Agreements
What is an Individual Flex-time Agreement?A written agreement made between an employee and employer to set up a schedule that is different from the standard hours of work (8 hours a day and 40 hours per week).Who can request a Flex-time Agreement?Only an employee can voluntarily request an agreement. That employee must regularly work at least 35 hours per week. ***An employer cannot use flex-time agreements as a condition of employment or force an employee to enter into an agreement.***Can we choose any hours we want for the agreement?No, agreements cannot allow employees to work more than:
The agreement can specify a different number of hours per day for each day of the week the employee works. For example:
Does it have to be a written agreement?Yes, the agreement must be done in writing and clearly show: * The hours of work that were agreed to * That either the employer or employee can end the agreement by giving at least 2 weeks' notice (or less, if both agree). See the following link for a sample of an Individual Flex-time Agreement. Does Employment Standards need to see the agreement before the new schedule starts?No, the employee and employer can write the agreement without permission from Employment Standards. But if there are problems, Employment Standards may terminate current agreements and not allow the employer to enter into agreements in the future.Once the agreement has been signed, can changes be made?Yes, an employee may ask for changes. The employer can agree to make occasional changes to the schedule as long as the agreed upon hours do not exceed 10 hours per day and 40 hours per week.What if an employee works different hours every week?An agreement can be made as long as the employee averages 35 hours per week over the last 6 month (approximate) period and will continue to work the same schedule.Can an employer change all employees' standard hours of work?The employer must apply to Employment Standards for an Averaging Permit. If approved, an averaging permit can change the schedule for the entire workplace or a group of employees. For more information, please follow the Averaging Permit link. For more information contact Employment Standards:
This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code and The Worker Recruitment and Protection Act, or contact Employment Standards to ask for advice. Date Published: February 24, 2012 |
