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.

The legislation on this page comes into effect on January 1, 2018

For information on Employment Standards legislation that is in force until December 31, 2017, go to http://work.alberta.ca/employment-standards.html

Basic rules

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

Who’s considered a highway and railway construction employee?

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

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

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, doesn’t 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
  • at a rate of at least 1.5 times the regular rate of pay, or banked time off with pay at a rate of at least 1.5 times, for all overtime hours worked

Termination and termination pay

Highway and railway construction employees are not entitled to notice of termination or pay in lieu of notice of termination.

What additional Employment Standards apply?

In addition to the special provisions outlined above, all other minimum standards for employment apply to construction employees.  Additional information on these rules can be found at:

How the law applies

Division 3 of the 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.

Contact Employment Standards

780‑427‑3731 (Edmonton and surrounding areas)

For toll-free calling, dial 1‑877‑427‑3731

From a cell phone, call #310 on Telus and Bell or *310 on Rogers.

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TTY/TDD for the deaf or hard of hearing

780‑427‑9999 (Edmonton and surrounding areas)

For toll-free calling, dial 1‑800‑232‑7215