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  1. CUSMA Rules of Origin Regulations - SOR/2020-155 (Section 12)

     The following definitions apply in this Part.

    average base hourly wage rate

    average base hourly wage rate  means the average hourly rate of pay based on all the hours performed on direct production work at a plant or facility, even if the workers performing that work are paid on a salary, piece-rate, or day-rate basis. It includes all hours performed by full-time, part time, temporary and seasonal workers. The rate of pay does not include benefits, bonuses, shift-premiums or premium pay for overtime, holidays or weekends. If a worker is paid by a third party, such as a temporary employment agency, only the wages received by the worker are included in the average hourly base wage rate calculation.

    For direct production workers, the average base hourly wage rate of pay is calculated based on all of their working hours. For other workers performing direct production work, the average base hourly rate is calculated based on the number of hours performing direct production work. The rate also does not include any hours worked by interns, trainees, students or any other worker who does not have an express or implied compensation agreement with the employer.

    [...]

    direct production work

    direct production work  means work by any employee directly involved in the production of passenger vehicles, light trucks, heavy trucks, or parts used in the production of these vehicles in the territory of a CUSMA country. It includes work by an employee directly involved in the set-up, operation or maintenance of tools or equipment used in the production of those vehicles or parts. Direct production work may take place on a production line, at a workstation, on the shop floor or in another production area.

    [...]

    Direct production work does not include any work by executive or management staff that have the authority to make final decisions to hire, fire, promote, transfer and discipline employees or any workers engaged in research and development, or work by engineering or other personnel that are not responsible for maintaining and ensuring the operation of the production line or tools and equipment used in the production of vehicles or parts. It also does not include any work by interns, trainees, students, or any other worker that does not have an express or implied compensation agreement with the employer. (travailleur qui participe directement à la production)



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