Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 7 - Variances and Exclusions

ESR Section 37.61 - Oil and gas field workers under section 37.6 – exclusion from section 36(1) of the Act
Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information
Summary

The provision of the Act which provides for 32 consecutive hours free from work each week does not apply to employees referred to in section 37.6 of this regulation.
Text of Legislation

37.61 Section 36(1) of the Act [hours free from work] does not apply in respect of employees referred to in section 37.6 of this regulation.

 

Policy Interpretation

The employees referred to in section 37.6 of this regulation are not covered by section 36(1) of the Act, so they are not entitled to get at least 32 consecutive hours free from work each week, or to receive pay at the rate of time and one half if they work during that time.

Related Information

    ESA
  • s. 36, Hours free from work
  • s. 37, Agreements to average hours of work

    • ESR

  • s.37.5, Oil and gas field workers paid by an hourly rate – exclusion from section 36(1) of the Act
  • s. 37.51, Specific oil and gas field workers paid by an hourly rate – rest periods and pay for interruption in rest periods
  • s. 37.6, Oil and gas field workers who are paid other than by an hourly rate
  • s. 37.62, Oil and gas field workers under section 37.6 – “regular salary”
  • s. 36.63, Oil and gas field workers under section 37.6 – paydays and bonus pay
  • s. 37.62, Oil and gas field workers under section 37.6 – overtime wages
  • s. 37.65, Oil and gas field vacuum workers under section 37.6 – rest periods and periods and pay for interruption in rest periods
  • s. 42, Exclusions from hours-of-work requirements

Appendix 3 – Oil & gas well drilling & servicing occupations - hourly rate of pay