Averaging Permits
What is the Averaging Permit Application process?There are 2 ways to apply for an Averaging Permit:
How do I apply?To apply for a Simplified Averaging Permit you need the Simplified Averaging Permit Application. To apply for an Averaging Permit, Work Break Order or Weekly Day of Rest Order you need the Averaging/Break/Rest Permit Application. Application forms can be found at www.manitoba.ca/labour/standards/forms.html or by contacting the Employment Standards Branch. The completed application and Employees' Survey can be dropped off, mailed or faxed to the nearest Employment Standards Branch office. What is the Simplified Averaging Permit Application process?The Simplified process is for applications that fall within pre-approved standards for safety and health. The processing time is faster. You are eligible for the Simplified process if:
What is the Employees' Survey?Employers must use the Employees' Survey form found at www.manitoba.ca/labour/standards/forms.html to survey each employee that will be affected by the new schedule (or contact the Employment Standards Branch for a hard copy). The employer must fill in the proposed terms and conditions for the new schedule at the top of the form; then have each affected employee fill one out. At least 75% of the employees must agree to the proposed schedule. The completed surveys (originals) are sent with the application to the Employment Standards Branch. The employer must also give Employment Standards an explanation for any employees unavailable to sign, such as those on leave. What is an averaging cycle?Employers can set their new schedule over several weeks as long as the total hours averages back to no more than 40 hours per week. The total number of weeks is considered one cycle. For example: a permit might allow employees to work 12 hours per day, 60 hours per week and 200 hours in a 5 week cycle. ***When submitting their application, the employer must provide a sample schedule for the entire 5 week cycle.*** What if I fall outside of the Simplified Averaging Permit Application criteria?Employers with proposals falling outside the Simplified standards may still apply for an Averaging Permit. Employment Standards will look closely at the employer's history of compliance with labour legislation, policies around breaks and days of rest, safety and health risks to the public and employees, and may require a higher percentage of employee consent. Do employees working under a permit get overtime pay?Yes. Employers who ask or allow employees to work longer than the hours allowed in the permit must pay these employees 1 ½ times their regular hourly wage for each overtime hour worked. For example: a permit allows an employee to work a maximum of 10 hours per day, 50 hours per week and 80 hours in a two-week period. If the employee is asked, or allowed, to work more than 10 hours in a day they are owed overtime pay. If the employee works more than 50 hours in a week or more than 80 hours in two weeks, they are also owed overtime pay. Are there restrictions on who can apply?No, however Averaging Permits are not generally given to individual employee schedules or to accommodate "flex-time". See fact sheet on Individual Flex-time Agreements for further information. Permits/orders are not generally granted in industries (construction, landscaping) that have different standard hours of work provided for in legislation. You can find more information regarding hours of work in these industries on our Overtime Fact Sheet. What is flex time?When employers allow an employee to take time off and make up that time on another day it is considered flex time. If, on the day the employee is making up time, he/she is working over 8 hours a day it is considered overtime. Unless the employee and employer have agreed on a written Flex Time Agreement, the employee is entitled to be paid overtime wages. What if I disagree with the proposed schedule?Employees with questions about their rights should call Employment Standards. If a permit/order is issued, the employer can require the minority of employees, who did not agree, to work the new schedule. How do I know if there is a permit/order in my workplace?Permits/orders must be posted at the workplace at all times, in a place where employees can see it. Employers who do not post the permit/order, or restrict access to it, risk having it cancelled or denied. When can the employer start the new schedule?New schedules can begin once a permit/order is received by the employer and posted in the workplace. The schedule can remain in effect until the permit/order expires. Before that the minimum standard remains in place. Does the permit expire?Permits/Orders will expire on the date shown on the permit/order. Once it has expired the employer must either have a new one in place or go back to the minimum standard. The employer must re apply before the expiry date to avoid any disruptions in their operation. Each application needs the written support of the affected employees. 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. 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 the Employment Standards Branch to ask for advice. Date Published: February 24, 2012 |
