Community and Cultural Affairs

HOME / LABOUR RELATIONS / EMPLOYMENT STANDARDS /

Standard Work Week Exemption

Where can I find out about exemptions to the standard work week?

The following are exemptions to the standard work week provisions of the Employment Standards Act approved by the Employment Standards Board on 19 March 1998, pursuant to Section 15 of the Act. The Board reaffirmed the Order with an Amendment to the Trucking Industry.

1. Construction Industry
  1. The standard work week for heavy equipment operators and seasonal highway construction workers shall be fifty-five (55) hours.
  2. The standard work week for employees employed by companies whose sole business is industrial sandblasting shall be sixty (60) hours.
2. Fish Processing Industry
  1. The standard work week for inside fish processing plant workers shall be fifty-five (55) hours.
  2. The standard work week for outside fish processing plant workers shall be seventy-five (75) hours.
3. Trucking Industry
  1. The standard work week for truck drivers shall be fifty-five (55) hours.
4. Peat Moss Industry
  1. The standard work week for peat moss workers shall be sixty (60) hours.
5. Health Care Industry
  1. The standard work week for ambulance drivers shall be sixty (60) hours.
  2. The standard work week for community care facility workers shall be sixty (60) hours.
  3. 1. "Homemaker Services" means an organized community care service provided by qualified persons under responsible supervision to care for children when the mother is in hospital or ill or over-burdened at home, to help chronically ill, handicapped or convalescent adults, to give assistance to aged persons still capable of some self-care and to otherwise provide assistance and care in a home environment to persons who are unable to full y care for themselves and their dependents. Without limiting the generality of the foregoing, the service shall assume responsibility for the household management and operation and help to protect and restore individual and family functioning; it shall serve to prevent the placement of children and adults away from their home.
    2. "Day" means a period of 24 consecutive hours from the commencement of an assignment.
    3. "Overtime Rate" means a rate of pay at not less than 1.5 times the wage of an employee.
The work and service to be performed by the Homemaker shall be in accordance with the regular duties and responsibilities established and specified by the Employer.
This clause applies to the Employer and Homemakers engaged on a 24-hour live-in basis who are governed by the following:
1. The rate of pay shall be for 8 hours at not less than the minimum wage.
2. The Homemaker shall be granted a period of at least eight hours to sleep but shall be available at any time in case of emergency.
3. In addition to the hours of sleep provided in Subsection (b), the employee shall be granted 4 hours of rest each day but shall be available at any time in case of emergency.
4. No deduction shall be made for board and lodging by the employer.
This clause applies to the Employer and Homemaker who are engaged on a day-to-day basis, excluding the 24-hours live-in assignments.
1. In every 12 hours period a homemaker must receive at least 8 hours pay at not less than the minimum wage.
2. Overtime shall be paid at the overtime rate for hours of work in excess of 12 in any day and 60 in any week.
3. No deduction shall be made for board and lodging by the employer.

The Guide to Employment Standards is available online as a PDF document.

Contact

Charlottetown

J. Elmer Blanchard Building

Yeo, Robert (Chief Labour Standards Officer)