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.
