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No Excessive Hours - Act Part 4, Section 39

Last updated on April 1, 2021

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section explains an employer’s obligation to ensure that employees do not work excessive hours or hours detrimental to an employee’s health or safety.

Text of Legislation

39. Despite any provision of this Part, an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health or safety.

Policy Interpretation

When the director is satisfied that an employee’s health or safety is at risk; these hours may be restricted under s.79(3) of the Act. The director may require the employer to limit hours of work and may impose terms and conditions that the director considers appropriate. Where a determination is issued under s.79 (3), an escalating monetary penalty will be imposed, subject to s.98.

Under s.81(2) of the Act, where a determination has been issued under this section limiting hours of work, an employer must display a copy of the determination in each workplace where affected employees can read it.

Employees covered by a collective agreement

If a collective agreement contains any provisions about hours of work or overtime that meet or exceed the requirements of Part 4, those provisions of the collective agreement replace the Act’s requirements for employees covered by the agreement. Otherwise, the Act’s requirements are deemed to be incorporated in the collective agreement.

Where there is a collective agreement, disputes respecting the application, interpretation or operation of Part 4 must be resolved 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 Information

Her Majesty the Queen in Right of the Province of British Columbia as represented by the Chief Electoral Officer: EST #071/10

Related sections of the Act or Regulation

ESA

ESR