Who is Not Covered by the Employment Standards Act in BC?

Employment Law | January 12, 2023

Understanding who is covered and who is not covered by the employment standards act in BC is crucial for employers and employees alike. While the ESA was designed to protect certain employees and employers throughout BC, there are several excluded occupations and types of employees. These excluded professions typically operate under their own bylaws, each with their own employment regulations and other conditions. As a team of experienced employment lawyers, Linley Welwood knows how important it is to understand the details of the ESA and who these details apply to. That is why we have compiled some information to outline some exclusions and exceptions under the ESA to help you determine if you are covered or not.

Learn about some of the differences between employees and independent contractors.

Exclusions Under the Employment Standards Act

Some workers are completely excluded from the protection of the Employment Standards Act while others are only exempt from certain parts of it. It is important to know where your profession fits into the Act as it will determine your rights in the workplace and the options you have to deal with potential problems. Some of the professions that may be excluded from the Employment Standards Act and have their own legislation include:

  • Architects
  • Accountants
  • Legal professionals
  • Chiropractors
  • Dental surgeons
  • Engineers and geoscientists
  • Insurance agents and adjusters
  • Land surveyors
  • Physicians and surgeons
  • Naturopathic physicians
  • Optometrists
  • Podiatrists
  • Realtors
  • Security workers
  • Veterinarians
  • Forestry professionals

Independent Contractors and the Employment Standards Act

Independent contractors are typically viewed as self-employed workers. This means that they do not typically count as employees and are therefore, not covered by the Employment Standards Act. Although most independent contractors know their employment status, some may be unsure of whether their position counts as an independent contractor or an employee. If you are an independent contractor and are unsure about your current status, an employment lawyer can help you understand how you are connected to the business you work for and determine if you are protected under the Act.

Other Exceptions from the Employment Standards Act

In spite of job titles and the  field of work, there are various other circumstances that can make an employee exempt from the benefits of the Employment Standards Act. Some of these circumstances include:

  • Employees that are a member of a union
  • Workers in federally regulated fields
  • Certain types of management positions
  • Students in work-study programs

To learn more about the Employment Standards Act or to speak with one of our employment lawyers, get in touch with the team at Linley Welwood. We can be reached through our online contact form and will be happy to answer any questions you may have regarding our services or your situation.

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