PLEASE NOTE: THIS INFORMATION IS OUTDATED (it is retained here for comparison purposes only)

See

A Guide to the Employment Standards Act

2. WHO IS COVERED BY THE ACT?

Occupations Covered by the Act

The Employment Standards Act applies to most employees and employers in British Columbia. Exceptions include employees whose jobs come under federal labour legislation and those employees specifically excluded under the Act and Regulation. The Act applies to both full time and part time workers regardless of the number of hours that they work.

Occupations Not Covered by the Act

Some occupations which fall under provincial jurisdiction are not covered under theEmployment Standards Act; for example, doctors, lawyers, architects, dentists, insurance agents, Chartered Accountants and realtors. Other exclusions include sitters, secondary school students working at their schools, newspaper carriers who attend school and work 15 hours a week or less, and persons receiving government financial assistance who participate in certain government-sponsored employment programs. A number of other occupations are excluded from coverage under certain parts or sections of the Act and Regulation. For a more complete description of these exclusions, please refer to the Regulation.

Federal Jurisdiction

Federal labour laws cover employees who work in areas of federal jurisdiction. Those employees include employees of the Government of Canada, its Crown Corporations, and the Armed Forces; railways, highway transport, telephone and cable systems, shipping and shipping services and pipelines which operate interprovincially or internationally; radio and television broadcasting including cablevision; air transport; and banks. Employees working in these areas are not covered by the Employment Standards Act . For further information contact Human Resources Development Canada toll-free at 1-800-668-5155 or 1-800-661-1997.

Unionized Employees

Employees who belong to unions are covered by collective agreements negotiated by their union and the employer. Collective agreements have as their basis the minimum standards set out in the Employment Standards Act . All collective agreements must meet or exceed the minimum standards of the Act . If they do not, then the Act would apply. For further information, please contact your local Employment Standards Branch office.