Skip to main content

Other industries and jobs

Student employees

Special rules or exemptions

A student is a person who is either:

  • working full or part-time while in full-time attendance at a primary, secondary or post-secondary institution
  • working during a holiday period, but has the intention of returning to full-time education at the end of that holiday period

You are generally entitled to:

  • A student minimum wage rate, only if you are under 18 years old and you work less than 28 hours per week during the school year or you work during a school holiday.
  • If you are a student and not under 18 years old, the regular minimum wage rate would apply unless you are doing a type of work that is not covered by minimum wage.
  • As of January 1, 2019, students are to be paid at least three hours at their regular rate of pay if they regularly work more than three hours and report to work but are sent home prior to working three hours. This is the three-hour rule and does not apply if the reason they were sent home was out of the employer’s control, such as a power failure.

There are additional special rules if you are a student:

  • at a children’s camp
  • providing instruction to or supervising children
  • in a recreational program run by a charity

In these cases, you are not entitled to minimum wage, the 3-hour rule, overtime pay or public holidays with public holiday pay.

However, if you are a wilderness guide, the rules for wilderness guides apply instead.

These special rules and exemptions are set out in O. Reg. 285/01.

Homeworkers

Special rules or exemptions

As a homeworker, you are entitled to a special minimum wage rate.

This special rule is set out in O. Reg. 285/01 and the Employment Standards Act (ESA).

Embalmers and funeral directors

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods

These exemptions are set out in O. Reg. 285/01.

Continuous operation employees

This does not apply to you if you work at a continuous operation that is a retail store.

This does apply to you if you work at a continuous operation that operates 24 hours a day and either never shuts down or shuts down no more than once a week.

Special rules or exemptions

You may be required to work on public holidays if the public holiday is on a day that is normally a working day for you and you are not on vacation.

If you must work on a public holiday, your employer can either:

  • pay you your regular rate for the hours you work on the public holiday and give you another day off with public holiday pay

    or

  • pay you public holiday pay and premium pay for the hours you work on the public holiday.

These special rules are set out in the ESA.

Temporary help agency employees

Special rules or exemptions

You are generally entitled to public holidays, notice of termination/termination pay and severance pay.

However, there are special rules that apply to you. For more information, read the temporary help agencies chapter in Your Guide to the ESA.

Film and television industry

This does not apply to you if you work producing television commercials, video games or educational material.

This does apply to you if you work producing film or television.

Special rules or exemptions

You are not entitled to:

  • daily or weekly limits on hours of work
  • daily rest periods
  • time off between shifts
  • weekly/bi-weekly rest periods
  • eating periods

These exemptions are set out in O. Reg. 285/01.

Live performances, trade shows and conventions

Special rules or exemptions

You are generally entitled to a daily rest period of 11 consecutive hours free from work each day. However, if you and your employer agree in writing, you can take eight consecutive hours off work each day instead.

This special rule is set out in O. Reg. 160/05.

Updated: May 31, 2022
Published: November 27, 2017