Nursery industry - Employment standards exceptions
There are special provisions to the rules outlined in the Employment Standards Code for nursery industry employees.
The legislation on this page is now in effect
For information on Employment Standards legislation that was in force until December 31, 2017, go to https://work.alberta.ca/employment-standards-2017.html
Basic rules
- The overtime rule for the nursery industry is 9 hours per day or 48 hours per week, whichever is greater.
Who’s considered a nursery employee?
A nursery employee is a person who’s employed in the propagation and the preparation for sale of trees, shrubs and plants.
An employee is not considered to be in the nursery industry for the purposes of this provision if the employer’s operations are mainly in a greenhouse.
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 nursery employees.
Exceptions to the minimum standards for regular and overtime hours
Employees must receive overtime:
- for hours worked in excess of 9 hours a day or 48 hours a 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
What additional Employment Standards apply?
In addition to the special provisions outlined above, all other minimum standards for employment apply to employees in the nursery industry. Additional information on these rules can be found at:
- Averaging agreements
- 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
- Termination of employment
- Vacations
- Youth employment
How the law applies
Part 3, Division 5 of the Employment Standards Regulation outlines the provisions for nursery employees.
Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.