Common use of Time Off In Lieu (TOIL Clause in Contracts

Time Off In Lieu (TOIL. a) An employee and employer may agree in writing (proforma) to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. b) An employee must agree that overtime worked to be banked for TOIL must be provided before overtime work commences. c) An employee may request to work planned overtime for the purposes of accruing TOIL. This must be requested a minimum of four (4) weeks prior by the employee to allow for business requirements to be met. I.e. that the additional overtime can be worked without impact to service to clients and work can be completed without commercial impact. d) An employee can bank up to 3 days (7.6hrs x 3 = 22.8 hrs) at any one time pending TOIL being requested. Throughout a 12 month period an employee may use up to 6 days TOIL in total maximum. e) An employee working additional time to bank for TOIL may be required to perform other duties than current role i.e. complete picking tasks in lieu of forklift or administration roles if trained/competent in those areas. f) An agreement must state each of the following: a. the number of overtime hours to which it applies and when those hours were worked; b. that the employer and employee agree that the employee may take time off instead of being paid for the overtime; c. that,if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; d. that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request. e. The proform must be filled in and either handed to DCM or emailed to DCM. g) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked. i.e.: By making an agreement under clause 21.3 an employee who worked 2 overtime hours is entitled to 2 hours’ time off. h) TOIL must be taken: a. within the period of 6 months after the overtime is worked; and b. at a time or times within that period of 6 months agreed by the employee and employer. i) If the employee requests at any time, to be paid for overtime covered by an agreement under clause

Time Off In Lieu (TOIL. (a) An employee (other than a casual employee) and employer the Company may agree in writing (proforma) to the employee taking time off instead of being paid payment of overtime, or TOIL for a particular amount of overtime that has been worked by the employee. (b) An employee must agree that overtime worked The written agreement to be banked for TOIL must be provided before overtime work commences. c) An employee may request to work planned overtime for the purposes of accruing TOIL. This must be requested a minimum of four (4) weeks prior by the employee to allow for business requirements to be met. I.e. that the additional overtime can be worked without impact to service to clients and work can be completed without commercial impact. d) An employee can bank up to 3 days (7.6hrs x 3 = 22.8 hrs) at any one time pending TOIL being requested. Throughout a 12 month period an employee may use up to 6 days TOIL in total maximum. e) An employee working additional time to bank for TOIL may be required to perform other duties than current role i.e. complete picking tasks in lieu of forklift or administration roles if trained/competent in those areas. f) An agreement must will state each of the following: a. the : i The number of overtime hours to which it applies and when those hours were worked; b. ; and ii The agreement between the Company and the individual employee that the employer and employee agree that the employee may take time off it will be TOIL instead of being paid payment for the overtime; c. that,if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; d. that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request. e. The proform must be filled in and either handed to DCM or emailed to DCM. g(c) The period of time off that an the employee is entitled to take is the same as the number of overtime hours worked. i.e.: By making an agreement under clause 21.3 an employee who For example, if two hours of overtime is worked 2 overtime then two hours is entitled to 2 hours’ time offbanked and taken as TOIL. h(d) TOIL must Time off will be taken: a. within : i Within the period of 6 six months after the overtime is worked; and b. at and ii At a time or times within that period of 6 six months agreed by the employee Company and employerthe employee. i(e) If the employee requests at any time, to be paid for overtime covered under this clause but not taken as time off, the Company will pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked. (f) If the time off under this clause is not taken within the period of six months, the Company will pay the employee for the overtime, in the next pay period following those six months, at the overtime rate applicable to the overtime when worked. (g) If on termination of the employee’s employment, time off for overtime worked by an agreement under clausethe employee has not been taken, the Company will pay the employee for the overtime at the overtime rate applicable to the overtime when worked.