Trucking industry - Employment standards exceptions

There are special provisions to the rules outlined in the Employment Standards Code for the trucking industry.

Basic rules

• The overtime rule for trucking is 10 hours per day or 50 hours per week, whichever is greater.
• 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 an employee who is subject to the Drivers’ Hours of Service Regulation.

Who does the provision apply to in the trucking industry?

The provision applies to a person who:

• operates a truck that has a manufacturer’s rated carrying capacity of 910 kilograms net weight or more and that is a commercial vehicle within the meaning of the Traffic Safety Act
• is employed as the truck driver’s helper, for a truck driver operating a vehicle as described above
• is a bus driver to operate a bus within the meaning of the Traffic Safety Act

This applies if a person meets one of the requirements above and whose duties aren’t performed within the same city.

Interprovincial trucking

Different rules often apply to trucking that involves crossing provincial or international borders.

The rules on this page apply to employees working for an Alberta company trucking interprovincially and/or internationally but hauling their own commodities.

All other interprovincial and/or international trucking is subject to federal regulations. See Federally regulated industries for more details.

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 truck drivers.

Exceptions to the minimum standards for regular and overtime hours

Employees must receive overtime:

• for hours worked in excess of 10 hours a day or 50 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

Employees are considered working from the time the employee reports to work until the time the employee is relieved from work and all responsibility for work.

Exceptions to the minimum standards for hours of work

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 an employee who is subject to the Drivers’ Hours of Service Regulation.
After an employee completes a shift, the employer can’t require the employee to resume work unless the employee has had at least the longer of:

• the consecutive period of rest required by the Drivers’ Hours of Service Regulation, if applicable
• 8 consecutive hours of rest

What additional Employment Standards apply?

In addition to the special provisions outlined above, all other minimum standards for employment apply to employees in the trucking 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 8 of the Employment Standards Regulation outlines the provisions for employees in the trucking Industry.

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