Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 43 – Exclusions from minimum hours requirements


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This regulation explains when s.34 of the Act (Minimum daily hours) does not apply to post-secondary students. 


Text of Legislation

43. Section 34 of the Act does not apply to a post-secondary student who is enrolled in one of the following bodies and is employed by that body: 

(a) a university;

(b) a vocational school;

(c) an institution as defined in the College and Institute Act;

(d) the British Columbia Institute of Technology.


Policy Interpretation

Post secondary students employed by the institution in which they are enrolled are not entitled to the minimum daily hours provisions under s.34 of the Act. There is no minimum daily number of hours that an employer of such students must pay.

For information on “practicum”, refer to Related Topics in the definition of “work” under s.1 of the Act. A student engaged in a practicum is not considered to be performing ‘work’ for purposes of the Act.


Related Information

Related sections of the Act or Regulation

ESA

Other 

College and Institute Act