Do Provincial Employment Standards Apply to You?

The Employment Standards Act and Regulation set minimum standards of wages and working conditions in most workplaces in British Columbia. However, a number of provisions limit or exclude coverage for certain groups.

• Are you an employee or an independent contractor?
  • Definition of employee
  • Definition of employer


• Are you a member of a union covered by a Collective Agreement?
  • ESA s. 3


• Is your problem about either a Record of Employment (ROE) or Employment Insurance (EI) Claim?



• Some businesses or even entire industries are covered by the Federal Government's Labour Standards. Do you work for any of the following?
  • Government of Canada
  • Armed Forces
  • Banks (Not including Credit Unions)
  • Trucking that goes across BC's border
  • Federal Crown Corporations
  • Airlines and Railways (except BC Rail)
  • Television, Telephone, Radio and Cablevision
  • Marine Shipping, Longshoring, Grain elevators


• Certain professions and occupations are excluded from the Act



• Certain employees are excluded from the Act



• Election workers



• Farm workers



• Foster parents



• Managers
  • Regulation section 34
  • Regulation section 36


• Hours of work and overtime exclusions



• Receivership & Bankruptcy



• Student Nurses and Auxiliary/Volunteer firefighters