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2.6 Work Schedules |
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2.6.1 HCML will create work schedules necessary for the
efficient construction of the Project.
Each single period of working days and days off will be
referred to as a "Shift Cycle".
Each single work day may be referred to as a “shift”.
The regularly scheduled hours in a
Shift Cycle may be referred to as “scheduled hours”.
2.6.2 Subject to Article 2.6.3, HCML and Employers may
direct which Shift Cycles certain
Employees will work. Employers will communicate Shift
Cycles to their Employees on
or before the day they begin work on the Project. Employees
will be notified of any Shift
Cycle change by their Employers no later than the end of
the first day worked in the Shift
Cycle immediately preceding the change, unless the Parties
agree on shorter notice.
2.6.3 Employers are required to explain the applicable
Shift Cycle to all Employees prior to them starting their
first cycle. This explanation shall include the number of
working days and days off, where those days fall within the
Shift Cycle, and overtime payable for each day of the Shift
Cycle. Without limiting the foregoing, HCML anticipates
Employees will be scheduled to work
one of the following Shift Cycles:
- Commencing on a Monday or Tuesday, 4
days of 10 hours of work per day, followed by 3 days off ("Shift Cycle
1"), which will result in payment for 40 hours at the Employee's base wage rate;
- Commencing on a Monday, 5 days of 10
hours of work per day, followed by 2 days off ("Shift Cycle 2"), which
will result in payment for 40 hours at the Employee's base wage rate, and 10 hours at
1.5 times the amounts used to calculate overtime pay in Part 3, or
Appendix 3, whichever
applies;
- Commencing on a Monday, 6 days of 10
hours of work per day, followed by 1 day off (“Shift Cycle 2A”), which will
result in payment for 40 hours at the Employee’s base wage rate, and 20 hours at
1.5 times the amounts used to calculate overtime pay in Part 3, or
Appendix 3, whichever applies;
- Commencing on any day, 10 days of 10
hours of work per day, followed by 4 days off ("Shift Cycle 3") which
will result in payment for 80 hours at the Employee’s base wage rate, and 20 hours at
1.5 times the amounts used to calculate overtime pay in Part 3, or
Appendix 3, whichever
applies;
- Commencing on any day, 13 days of 10
hours of work per day, followed by 8 days off (“Shift Cycle 4A”) which will
result in payment of the equivalent of 89 hours at the Employee’s base wage rate,
and 41 hours at 1.5 times the amounts used to calculate overtime pay in Part 3, or
Appendix 3,
whichever applies;
- Commencing on any day, 14 days of 10
hours of work per day, followed by 7 days off ("Shift Cycle 4") which
will result in payment of the equivalent of 96 hours at the Employee's base wage rate, and
44 hours at 1.5 times the amounts used to calculate overtime pay in Part 3, or
Appendix 3,
whichever applies;
- Commencing on any day, 20 days of 10
hours of work per day, followed by 8 days off (“Shift Cycle 5A”) which will
result in payment of 136 hours at the Employee’s base wage rate, and 64 hours at
1.5 times the amounts used to calculate overtime pay in Part 3 or
Appendix 3, whichever
applies.
The entitlements for straight time and
overtime payments are approved by Alberta Workplace Policy and Legislation (Employment
Standards) and apply to the any day start. The straight time and overtime
payment schedules ensure parity for all workers regardless of the day of the week
they actually commence the Shift Cycle. For standardization of payments, the
Shift cycle is deemed to commence on a Thursday, regardless of the actual week
day that the Shift cycle commences;
- Commencing on any day, 21 days of 10
hours of work per day, followed by 7 days off (“Shift Cycle 5”) which will
result in 144 hours at the Employee’s base wage rate, and 66 hours at 1.5 times the
amounts used to calculate overtime pay in Part 3 or Appendix
3, whichever
applies.
The entitlements for straight time and
overtime payments are approved by Alberta Workplace Policy and Legislation (Employment
Standards) and apply to the any day start. The straight time and overtime
payment schedules ensure parity for all workers regardless of the day of the week
they actually commence the Shift Cycle. For standardization of payments, the
Shift cycle is deemed to commence on a Thursday, regardless of the actual week
day that the Shift cycle commences; or
- Such other Shift Cycles as may be
established by HCML, subject to the Parties agreeing on the overtime pay which will apply.
2.6.4 The hours set out in Article 2.6.3 are intended to
identify the regular hours of work, shift
hours, and overtime hours, and are not to be construed as a
guarantee of hours of work
per day, per shift, or per Shift Cycle.
2.6.5 HCML will determine or approve changes to the start
time, end time, or the number of
shifts for each day. Employers must request HCML’s
approval of a change at least 4
hours before the end of the preceding shift. HCML will
respond to the request within 2
hours of the request. If HCML does not respond, the
requested change is not approved.
2.6.6 Employers must provide notice to Employees of the deletion of an entire shift,
or several shifts, at least 3 days prior to the effective date of the
deletion. Failure of an
Employer to give the notice required in this Article 2.6.6,
except as otherwise contemplated in the relevant provisions in
Part 3 and Appendix 3, will result in affected
Employees being paid 1.5 times their base wage rate for all
regularly scheduled hours on
their next shift. This Article expressly does not apply
to the deletion of a shift arising out of a direction from the
Owner or HCML to cease doing the Work.
2.6.7 Scheduled Overtime is mandatory and not voluntary.
2.6.8 Employers will attempt to distribute unscheduled
overtime work evenly among
Employees who normally perform the work, and who indicate
they wish to work
overtime.
2.6.9 Overtime must be approved by HCML, or its designate.
2.6.10 All overtime other than overtime worked as part of a
Shift Cycle will be paid pursuant to
the relevant provisions in Part 3 or Appendix 3,
whichever
is applicable.
2.6.11 There will be 2 paid coffee breaks of 15 minutes
duration on each shift. Employees
required to work beyond 10 hours in a day will be provided
with an additional coffee
break of 15 minutes.
2.6.12 Employees working day shifts will be given an unpaid
meal period of 1/2 hour per shift.
2.6.13 If Employees are not scheduled, but required to work
beyond 12 hours in a day, the
Employer will provide an additional meal period of 1/2 hour
and a meal in accordance
with Part 3.
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