There are two areas of the Labour Standards Code where the rules are different for construction workers than most other workers:
BUT, construction is defined differently for each one. Read on to find out more about this.
Construction workers do not have to give their employers notice when they terminate (quit) the job. Nor does the employer have to give the construction worker notice to terminate the job. Refer to section 72(3)(h) of the Labour Standards Code.
Most other employees have to give the employer at least one weeks notice when they quit, depending on how long they have worked for the same employer. The employer also has to give the employee notice. Refer to section 72 of the Labour Standards Code.
These rules apply to the individual who is doing the construction work. For example, the worker doing roof work on a building site would not have to give notice when he ends the job. But the receptionist for the construction company would have to give the employer proper notice when she quits.
Construction workers are entitled to be paid overtime after they have worked for 110 hours over two weeks. Overtime pay is equal to 1 1/2 the workers' rate of pay. Refer to the General Labour Standards Code Regulations, section 2(4A), and the minimum wage order for Construction and Property Maintenance.
Most other employees are entitled to receive overtime pay equal to 1 1/2 times their rate of pay after they have worked 48 hours in one week. Refer to the Labour Standards Code, section 40(4)
NOTE: Generally, if there is a requirement for the employer to pay for travel time hours, then those travel time hours are included in the calculaton of overtime.
Property maintenance is generally understood to mean landscaping and related works such as mowing and painting, but does not include those doing cleaning or security of buildings.
These rules apply to everyone who works for the employer if the core business of the employer is determined to be construction or property maintenance. For example, a maintenance worker employed at a nursing home does not have to work 110 hours over 2 weeks before qualifying for overtime; s/he would qualify for overtime pay after working 48 hours in one week. This is because the core function of the employer is the nursing home business - this is a service-type business and not construction.
What is the core function of the business / employer?
If you have any questions, please contact Labour Standards.