Changes To The Employment Standards Code ("ESC")

Averaging Arrangements

1. A significant modification to the ESC is the change of averaging agreements within the existing ESC to "averaging arrangements," with different and more flexible obligations. Averaging arrangements will be similar to the "compressed work weeks" that applied before the concept of averaging agreements was introduced in the 2017-18 ESC changes.

Employee agreement is no longer required to place employees on an averaging arrangement, though the arrangement must still be in writing. An employer can require work under an averaging arrangement prior to employment or on 2 weeks' notice. The arrangement must also specify the work schedule with daily and weekly hours; however, it will be much easier to make changes to schedules under an averaging arrangement. Employers simply must specify the manner of amending the schedule and give notice when required. The averaging arrangement can also specify the overtime entitlements. The new averaging period