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
This regulation explains when s.34 of the Act (Minimum daily hours) does not apply to post-secondary students.
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.
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 sections of the Act or Regulation
College and Institute Act