COVID-19 Updates: Taking steps to return to normal.
- Public health restrictions: Alberta entered Step 2 on March 1.
- Book your vaccine: Albertans 5+ can get it now. Get third dose when eligible.
COVID-19 Updates: Taking steps to return to normal.
There are special provisions to the rules outlined in the Employment Standards Code for oilwell servicing employees.
Oilwell servicing is considered work necessary for the completion, recompletion or remedial treatment of an oil or gas well. It includes:
The following are not considered oilwell servicing employees:
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 oilwell servicing employees.
Employees must receive overtime:
Regular rules for overtime pay rates and banked overtime apply.
The requirement to confine an employee’s hours of work within a period of 12 consecutive hours in a work day doesn’t apply to oilwell servicing.
While these employees aren’t restricted by the hours within which they may work, the following should be considered:
Some oilwell servicing employees, such as water, steam, and vacuum truck operators, may be subject to either the federal or provincial Drivers' Hours of Service Regulations, which govern the maximum driving times and minimum off-duty times of commercial vehicle drivers.
Any travel time that occurs after the employee starts to provide services is recorded as work hours.
If a collective agreement is in place, provisions in the agreement may determine how travel time is managed.
If not covered by a collective agreement, travel time is considered work when an employee, whether driver or passenger:
Travel time hours may be paid out at a different rate of pay, as long as the employee is informed ahead of time and the rate is at least minimum wage.
In general, home-to-work and work-to-home travel isn’t considered time spent working. If the employer chooses to pay the employee for this travel time, the payment would not generally be considered wages.
Travel time is not considered work when employees are given the choice, or an agreement between the employer and employee or union is in place, to:
Being on call is generally not considered to be work and wages aren’t payable for on call time, although the employer and employee can agree to some form of pay.
Example: An acceptable on call arrangement that isn’t work is where an employee carries a pager during non-work hours.
An employee is considered to be working and owed wages when an employer places additional responsibilities on the employee during on call periods, such as wearing of uniforms or continuously monitoring radio calls which aren’t solely for that employee.
An employee is considered to be working when directed by the employer to wait at the worksite (on standby).
If an employer pays an employee both salary and bonus, a calculation determines if they got the minimum entitlement for overtime and time worked on a general holiday.
The bonus received in the pay period must be equal to or greater than the minimum entitlement, which is calculated as:
The employer must pay the difference if the bonus in the pay period is less than this minimum entitlement.
An employee gets a bonus of $600 in the pay period in which they work 20 overtime hours and 10 hours on the general holiday.
This example uses the following equations for overtime hours worked and hours worked on the general holiday:
Overtime Hours: $22.50 (1.5 x $15) x 20 hours = $450
General Holiday Hours: $22.50 (1.5 x $15) x 10 hours = $225
Total: $675
In this example, the employer must pay $75 because the bonus earned in this pay period ($600) is less than the minimum entitlement ($675).
This example assumes that average daily wage is paid separately for general holidays where required. The standard calculation of average daily wage applies to oilwell services. For full details see, General holidays and pay.
In addition to the special provisions outlined above, all other minimum standards for employment apply to oilwell servicing employees. Additional information on these rules can be found at:
Part 3, Division 6 of the Employment Standards Regulation outlines the provisions for oilwell servicing employees.
Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.
Was this page helpful?
You will not receive a reply. Do not enter any personal information such as telephone numbers, addresses, or emails.
Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. If you require a response, please go to our Contact page.