Highway and railway construction – Employment standards exceptions

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

Regular rules for overtime pay rates and banked overtime apply.

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:

• Averaging arrangements
• Breaks and days of rest
• Deductions from earnings
• General holidays
• Job-protected leaves
• Minimum wage
• Overtime hours and pay with the exception of what’s considered overtime hours listed above
• Payment of earnings
• Vacations
• Youth employment

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.

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