Highway and railway construction – Employment standards exceptions

There are special provisions to the rules outlined in the Employments Standards Code for some employees in highway and railway construction.

Basic rules

  • The overtime rule for highway and railway construction is 10 hours per day or 44 hours per week, whichever is greater.

Highway and railway construction employee

Highway and railway construction employees are employed for work that is conducted:

  • outside of a city, town or village
  • as a continuation from the boundaries of a city, town or village

The following additional rules may also apply to highway and railway construction employees:

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 highway and railway construction 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 44 hours per week, whichever is greater

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 highway and railway construction employees. Additional information on these rules can be found at:

How the law applies

Division 3 of the Employment Standards Regulation provides alternate overtime thresholds for highway and railway construction employees. Section 5 of the Regulation exempts them from termination pay/notice requirements.

Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.