Common use of WAITING TIME Clause in Contracts

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult to fix the nature and extent of the loss to an employee who does not receive his/her pay when it is due. The parties have therefore agreed upon the following liquidated damages, which shall be presumed to be the amount of damages sustained by such a breach of the Agreement. Upon failure of the employer to pay within the stipulated time all waiting time shall be paid for at the rate of straight time at his/her prevailing rate, not to exceed eight (8) hours in twenty-four (24) hour period on a seven (7) day basis. The LMCC may within its discretion, in any individual case, award waiting time for the number of days between the date wages are due and the date said wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreement. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. ▇. ▇▇▇▇▇ occasioned by accidents beyond the control of the employer shall not be construed as a violation of Article 15. D. When the LMCC is notified that a journeyman has not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is made. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue until the disputed wages are deposited with the LMCC. Waiting time shall cease to accrue as of the date wages are paid to the journeyman or deposited with the LMCC.

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult to fix the nature and extent of the loss to (i) If an employee who does not receive his/her pay when it is due. The parties have therefore agreed upon the following liquidated damages, which shall be presumed to be the amount of damages sustained by such a breach any payment of the Agreement. Upon failure wages that he is entitled to by 5:00 pm on Pay day and the payment is not received because of an error or fault of the employer to company and provided that the Company is notified immediately in writing, then the Company will pay within the stipulated time all employee waiting time shall be paid for at the rate of straight time at his/her prevailing rate, not to exceed eight (8) hours in twenty-four (24) hour period on a seven (7) $150 for each full calendar day basis. The LMCC may within its discretion, in any individual case, award waiting time for the number of days between the date wages are due and the date said wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreement. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. ▇. ▇▇▇▇▇ occasioned by accidents beyond the control of the employer shall not be construed as a violation of Article 15. D. When the LMCC is notified that a journeyman has not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is made. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue which elapses until the disputed wages are deposited with the LMCCerror is corrected. Waiting time shall cease will accrue from 5:00 pm on Pay Day or from when the company is notified of the error whichever is the latter. (ii) If the employee only receives part of the payment of the wages that he is entitled to receive by 5:00 pm on Pay Day and the payment is not received because of an error or fault of the Company and provided that the Company is notified immediately: (a) If the error is for more than $100 Gross, the company has one (1) working day (24 hours) from 5:00 pm on Pay Day to remedy the fault by paying the employee the amount owing to the employee otherwise waiting time will commence to accrue from 5:00 pm on the next working day after pay day or 24 hours from when the company has been notified, whichever is the latter, until the error in wages is paid by the company. (b) If the error is for less than $100 gross the company will remedy the problem as soon as practical and no waiting time is payable. (iii) For the purpose of this clause: (a) An error of the date company will not include an error made by the Bank, Financial or the EFT network; (b) Pay Day is the day upon which the company is required to pay the employees their wages are paid to the journeyman or deposited in accordance with the LMCCAgreement (currently Wednesday) (c) Notification means that the affected employee must notify his supervisor or one manager up of the discrepancy as soon as possible on the Pay Day so that rectification can proceed. The Company is deemed to be notified only when one Team Leader or the Manager has been told of the problem by the affected employee, and the appropriate notification form has been signed and dated by the employee and manager. (d) Wages means normal time earnings, overtime earnings and allowances. (e) Higher duties Any employee engaged by the company for 3 or more hours continuously in a day on duties carrying a higher rate than his or her regular classification, shall be paid the higher rate for all time worked that day at the higher level; if less than 3 hours, he or she shall be paid at the rate for their regular classification. This clause is intended to cover acting in higher duties for the purposes of covering absence due to leave or training and shall not include time regularly worked for incidental purposes such as relieving for meal breaks etc.