Road construction and maintenance – Employment standards exceptions

Basic rules

• The basic overtime rule for employees of a municipal district or Metis settlement employed in road construction or maintenance, or snow removal from roads is 10 hours per day or 191 per month, whichever is greater.
• Overtime must be paid for hours worked in excess of 10 hours a day or 44 hours a week, whichever is greater, in either the first or last month of employment if fewer than 191 hours is worked in those months.

Road construction and maintenance

Municipal district or Metis settlement employees are considered a road construction and maintenance employee if they are employed in:

• road construction
• road maintenance
• snow removal from roads

The following additional rules may also apply to road construction and maintenance employees:

• roadbuilding or heavy construction operations
• highway and railway construction
• construction

Hours of work and pay

The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, does not apply to road construction and maintenance employees.

Exceptions to the minimum standards for regular and overtime hours

Employees must receive overtime:

• for hours worked in excess of 10 hours per day or 191 hours per month, whichever is greater
• for hours worked in excess of 10 hours per day or 44 hours per week, whichever is greater, in either the first or last month of employment if fewer than 191 hours is worked

Regular rules for overtime pay rates and banked overtime apply.

Additional Employment Standards

In addition to the special provisions outlined above, all other minimum standards for employment apply to road construction and maintenance employees.  Additional information on these rules can be found at:

• Averaging arrangements
• Breaks and days of rest
• Deductions from earnings
• General holidays
• Job-protected leaves
• Minimum wage
• Overtime hours and pay with the exception of what’s considered overtime hours listed above
• Payment of earnings
• Termination and lay-off
• Vacations
• Youth employment

How the law applies

Part 3, Division 2 and 3 of the Employment Standards Regulation outlines the provisions for highway and railway construction employees.

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