Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 4 - HOURS OF WORK AND OVERTIME
ESA Section 33 – Split shifts
This section details the time-frame for completion of a split shift.
33. An employer must ensure that an employee working a split shift completes the shift within 12 hours of starting work.
The length of a work day is limited to a maximum of 12 hours for employees who work a split shift. Work must be completed within 12 hours from the start of the shift.
If a split shift exceeds 12 hours in any day, the director may issue a determination requiring an employer to cease contravening this section of the Act. Where a determination is issued under s.79 of the Act administrative penalties apply, subject to s.98 of the Act.
Under s.72 an employer and any of its employees may join in a written application to the director to vary the provisions of s.33.
Employees covered by a collective agreement
Under s.3 of the Act, where a collective agreement contains any provision respecting hours of work or overtime, the provisions of this section do not apply. If a collective agreement does not contain any provision respecting hours of work or overtime, Part 4 except s.37 is deemed to be incorporated in the collective agreement as part of its terms.
Where there is a collective agreement, the enforcement of matters relating to hours of work or overtime is through the grievance procedure, not through the enforcement provisions of the Act.
Certain employees are exempt from this section, or Part 4 entirely, under the Employment Standards Regulation.
Related sections of the Act or Regulation
- s.1, Definition “day”
- s.1, Definition “employee”
- s.1, Definitions “regular wage”
- s.1, Definitions “work”
- s.3, Scope of the Act
- s.28, Payroll records
- s.32, Meal Breaks
- s.37, Agreements to average hours of work
- s.39, No excessive hours
- s.40, Overtime wages
- s.72, Application for variance
- s.79, Determinations
- s.29, Administrative Penalties
- s.30, How to apply for a variance
- s.33, Exclusions from Parts of the Act and this regulation
- s.34, Exclusions from hours of work and overtime requirements
- s.34.1, Hours of work and overtime for farm workers
- s.35, Resident caretakers
- s.37, Fishers
- s.37.2, Logging truck drivers
- s.37.3, Truck drivers
- s.37.4, Newspaper Carriers
- s.37.7, Loggers working in interior
- s.37.8, High technology companies
- s.37.9, Silviculture workers
- s.37.12, Aquaculture – fin fish workers
- s.37.13, Mining
- s.37.14, Commission sales