Employment Standards
Alberta Human Resources and Employment - AHRE
Last Verified:
2006-02-24
Act:
Employment Standards Code
Regulation:
Employment Standards Regulation
To Whom Does This Apply?
Employers and Employees. Provincial labour laws, which fall under Alberta Employment Standards jurisdiction, apply to approximately 90 per cent of employees in Alberta.
For those employed in one of the following industries, employment standards issues fall under federal jurisdiction. Employers and employees involved in federal works, undertakings and businesses, known as federal jurisdiction.
These are businesses and organizations whose main activities include:
- railways, road transport, ferries, canals, tunnels, and bridges that extend beyond the border of a province or Canada;
- air transport, aircraft operations, and aerodromes;
- shipping and shipping services;
- telephone, telegraph, and cable systems;
- radio and television broadcasting;
- banks;
- pipelines;
- most grain elevators; flour and seed mill, feed warehouses and grain-seed cleaning plants;
- uranium mining and processing; and
- most federal Crown corporations, such as Canada Post Corporation and Canada Mortgage and Housing Corporation.
Note: If you are employed in or operate an undertaking other than described above, the following Employment Standards apply.
Summary
Employment Standards provides information and education for both employers and employees on minimum standards of employment. Employment Standards receives and investigates complaints when employees cannot resolve their differences with employers. Employment Standards reviews applications and requests from employers, employees and industry representatives for variances from legislation and regulation.
Alberta's Employment Standards Code describes the minimum rights and obligations of employers and employees in a number of areas. These areas include rights and obligations related to payment of wages, hours of work and overtime pay, vacations and vacation pay, general holidays and general holiday pay, termination of employment and parental benefits.
MINIMUM WAGE
Alberta’s minimum wage is $7.00 an hour. It increased from $5.90 an hour on September 1, 2005.
Most employees are entitled to at least 3 hours at the prevailing minimum wage if they are employed for less than 3 hours.
School bus drivers and part-time employees in certain non-profit recreation or athletic programs remain entitled to not less than 2 hours pay at the prevailing minimum wage if they are employed for less than 2 hours.
A variety of salespersons and professional employees are currently entitled to at least the weekly minimum wage of $280.
BOARD AND LODGING DEDUCTIONS
Effective September 1, 2005, an employee's wages may not be reduced below the minimum wage by more than:
HOURS OF WORK and REST
The maximum work day is 12 hours long. During each shift in excess of five consecutive hours of work, an employee is entitled to at least 30 minutes of rest, except where it is unreasonable or impossible. The break can be paid, or unpaid, at the employer's discretion. An employer must allow employees at least one day of rest each week. The maximum number of consecutive days worked may not exceed 24, at which point employees must receive four consecutive days off.
OVERTIME
All hours over eight in a day or 44 in a week (whichever is greater), are considered overtime. Overtime is paid out at time-and-a-half. Employers and employees may also create their own written overtime agreement. Under this agreement, some or all overtime hours can be banked and taken as time off in lieu (hour for hour worked). Overtime hours can be banked for a period of 3 months. Banked time not taken within the 3 month period must be paid out at time-and-a-half. Sample agreements that meet the requirements are available from Employment Standards.
VACATION PAY
After 12 consecutive months of employment, an employee is entitled to two weeks vacation leave, with pay. After five years, employees are entitled to three weeks leave with three weeks pay. Vacation pay is not calculated on overtime, general holiday pay or termination pay.
GENERAL HOLIDAYS and GENERAL HOLIDAY PAY
In Alberta the following are general holidays: New Year's Day; Alberta Family Day; Good Friday; Victoria Day; Canada Day; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; and any other day designated by the employer. To qualify for general (statutory) holiday pay employees must:
- have worked 30 days in the preceding 12 months,
- have worked their last scheduled shift before and after the holiday, and
- not refuse to work on a holiday if asked to do so.
If all these conditions are met, and the holiday falls on what would be a normal work day, the employee is entitled to the day off with pay. Or, if qualified employees work on the holiday, they must be paid their regular wages plus time-and-a-half for all hours worked. The holiday can also be treated as a regular day of work and the employee given another working day off with pay. If the holiday falls on what would be a normal day off for the employee and the employee does not work, there is no entitlement. If the holiday is not a normal day of work, and the employee works, they are entitled to one-and-one-half times their hourly rate of pay.
NOTICE OF TERMINATION
Either the employer or employee may terminate the employment relationship without notice during the first three months of employment. The following written notice, or pay in place of notice, must be given by the employer after the following periods of employment:
- after three months and under two years of service = one week notice
- two years or more and under four years = two weeks
- four years or moreand under six years = four weeks
- six years or more and under eight years = five weeks
- eight years or more and under 10 years = six weeks
- 10 years or more = eight weeks
An employee must give written notice of termination after the following periods of employment:
- after three months and under two years of service = one week notice
- two years or more = two weeks
(Note: there are some exceptions to the above provisions. Please contact an Employment Standards office for more information.)
MATERNITY and PARENTAL LEAVE
Alberta employees are entitled to up to one-year of unpaid, job-protected leave in the event of the birth and up to 37 weeks on the adoption of a child. This leave is available to parents of children born or adopted on or after December 31, 2000. Birth mothers can take up to 52 consecutive weeks of unpaid job-protected leave. This is made up of 15 weeks maternity leave and 37 weeks parental leave. Fathers and/or adoptive parents are eligible for up to 37 consecutive weeks of unpaid, job-protected parental leave. Adoptive parents can take parental leave regardless of the age of the adopted child. Parental leave may be taken by one parent or shared between two parents but the total combined leave cannot exceed 37 weeks.
CONTINUOUS EMPLOYMENT
Calculating the length of continuous employment is important in determining employment standards rights and obligations. Employment is considered continuous and uninterrupted when a business, or part of it, is sold, leased, transferred or merged. If an employee has been employed by the same employer more than once, and if the breaks of employment have been less than three months, it is considered one period of employment.
ADOLESCENTS and YOUNG PEOPLE
Adolescents (12 years to under 15 years old) may be employed as a delivery person for a retail store, a clerk or messenger in an office, or to deliver flyers, newspapers or handbills, or in an occupation approved by the Director of Employment Standards. Some duties in the restaurant and food services industry have been approved by the Director as acceptable work. The employer must obtain written consent from the parent or guardian. Adolescents cannot work between 9 p.m. and 6 a.m. Young persons (15 years to under 18 years old) may work alone until 9 p.m. in a retail business selling food or beverages or any other commodities, goods, wares or merchandise, gas stations, motels or hotels. After 9 p.m. , young persons working in the above types of businesses must be in the continuous presence of an adult (18 years old). Young persons working in the above types of businesses may not work between midnight and 6 a.m.
FARM LABOURERS and DOMESTIC WORKERS
Farm workers are entitled to their agreed wages, notice of termination of employment, and maternity and parental leave. Domestic workers are entitled to general holidays and general holiday pay, vacations and vacation pay, 30 minutes of rest during each shift in excess of 5 consecutive hours, one day of rest per week, notice of termination of employment, maternity and parental leave, and the minimum wage. The minimum wage for domestic employees who live in the employer's residence is $1335 per month, regardless of the hours worked. The minimum wage for domestic employees who do not live in the employer's residence is $7.00 per hour for all hours worked.
WAGE RATE CHANGES
When employers wish to reduce employee wage rates, the overtime rate or other entitlements, employees must be informed before the pay period in which the change will become effective.
STATEMENT OF EARNINGS and DEDUCTIONS
Employees must receive a detailed written statement of earnings and deductions for them to keep, each pay period. This statement must include:
- regular and overtime hours worked,
- regular and overtime wage rates,
- wages and overtime paid,
- time off in place of overtime provided and time taken,
- vacation and general holiday pay,
- money paid in place of termination notice,
- amount and purpose of all deductions,
- the period of employment covered by the statement.
Employers may deduct:
- amounts permitted by the Employment Standards Code,
- federally legislated statutory deductions,
- a judgement order of a court,
- amounts personally authorized in writing by an employee.
Employers may not deduct:
- for faulty workmanship,
- for cash shortages, or
- for loss of property if more than one employee has access to the cash or property.
OTHER ISSUES
Self-employed persons, such as couriers who operate their own vehicles, independent sales agents, or professional consultants, do not fall within the jurisdiction of the Employment Standards Code. The Employment Standards Code does not distinguish between full-time, part-time, casual, permanent or temporary employees. All employees are treated equally under the Employment Standards Code and must be paid accordingly. The Employment Standards Code does not deal with bereavement leave . The employer decides whether bereavement leave is granted. If leave is granted, the employer decides if it is with or without pay. There is no provincial legislation in Alberta dealing with paid sick leave. The employer must only pay for hours worked. Human rights legislation deals with the employer’s responsibility to accommodate illness and disability. Benefit packages (which may include health care, dental insurance, life insurance, etc.) are provided at the discretion of the employer. They do not fall within the jurisdiction of the Employment Standards Code.
Employment Standards has no authority to request a
Record of Employment - ROE (separation slip) from an employer. That document is under the federal jurisdiction of Human Resources and Skills Development Canada, Employment Insurance (E.I.).
Publications
Copies of the Employment Standards Code and Regulation may be purchased from: Queen's Printer Bookstores. http://www.qp.gov.ab.ca
For further information on the Employment Standards Code and Regulation, or for general Employment Standards information, please contact your local Employment Standards office. You can also access our province-wide Employment Standards information line by dialing toll-free 310-0000, then requesting (780) 427-3731. Additional information can be obtained at the Employment Standards website: http://www.gov.ab.ca/hre/employmentstandards/index.html
Related Reading
DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
Alberta Contact(s):
Employment Standards
Alberta Human Resources and Employment
Edmonton, Alberta
Telephone: Edmonton (780) 427-3731
Toll-free (information): Call 310-0000 and enter 427-3731
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