Am I Covered by the Employment Standards Act?

by | Apr 29, 2023 | Employment Law

The Employment Standards Act is the main source of legislation that sets out the minimum standards of employment in the province. However, not every employment arrangement is protected by the act. Some of the major exclusions from the Act include the following employment arrangements:

Unionized Workplaces: If you are a union worker, protection is not provided under the Act, instead there is a collective bargaining agreement negotiated between your employer and union to protect your rights.

Professionals: If you are employed as a member of certain professional field with its own professional regulating body the Act does not apply. This includes lawyers, doctors, architects, accountants and engineers.

Independent Contractors: If you are independent contractor, you are considered self-employed and responsible for setting your own workplace rights.

Baby-sitters: If you are a baby-sitter who works for 15 hours or less in a four-week period then the Act will not apply.

As well are specific there are parts of the Act that do apply to certain employment arrangements such as construction workers, farm workers, managers and silviculture workers.

If you are not sure if the Act applies to your employment arrangement, please feel free to contact Avery Law Office and we can assist in that determination.

This this information is not intended to be a substitute for legal advice. Individuals should consult with their personal legal professional regarding the information provided herein.

<a href="" target="_self">Anne-Marie Mizzi</a>

Anne-Marie Mizzi

Anne-Marie started her legal career at our Summerland office May 2021. She is be a recent Juris Doctorate graduate from Thompson Rivers University. While at Thompson Rivers University she participated in the Law Rugby Club and Access to Justice Club. She earned her Bachelor of Arts Degree in Political Science from Saint Francis Xavier University in 2018. While at Saint Francis Xavier University she was the vice president of the Political Science Society and was a member of the Model United Nations team. Wherever she goes she likes to be involved in the community and looks forward to participating in what Summerland has to offer. She is also an animal lover having a cat of her own!