When it comes to employment standards in Alberta, both employees and employers should be in the know. Employers need to understand the Employment Standards Code and Regulation to ensure legal compliance and fair treatment of employees. Meanwhile, employees should know their rights regarding wages, hours, overtime, and leave to empower themselves and protect themselves from violations.

If any violation or non-compliance of these employment standards in Alberta is discovered, then employers could face potential financial penalties, compliance directives, or even legal prosecution. Learn more about how both parties can protect themselves here.

Understanding Alberta’s Employer Standards

In Alberta, employment standards are regulated by the Employment Standards Code and Employment Standards Regulation. These rules and regulations are the bare minimum that employers can offer their employees, and they cover essential areas such as wages, hours of work, overtime pay, breaks, vacation entitlements, and public holidays.

Employers are required to comply with these minimum standards to avoid legal repercussions and maintain a productive, compliant workplace. Employees, on the other hand, rely on these standards to protect their rights in areas such as fair pay, reasonable working hours, and access to job-protected leave, ensuring a fair and just work environment for all.

In addition to setting these basic standards, the Employment Standards Code also provides a mechanism for resolving disputes between employers and employees. If an employee believes their rights have been violated, they can file a complaint with Alberta’s Employment Standards Office, which will investigate the matter and help resolve the issue.

What Are My Rights As an Employee In Alberta?

• Minimum Wage: You have the right to be paid at least the minimum wage, which is currently $15.00 per hour for most employees. However, there are exceptions for students under 18, domestic workers, and salespeople.
• Hours of Work: You cannot be required to work more than 12 hours in a single day unless exceptions occur. Standard work hours are 8 hours per day or 40 hours per week. Anything beyond that qualifies as overtime.
• Overtime Pay: You are entitled to overtime pay at 1.5 times your regular wage for hours worked over 8 hours a day or 40 hours a week unless other arrangements like a compressed workweek or overtime agreements are in place.
• Pay Periods: The maximum pay period allowed is one month. This means that employees must be paid at least once a month.
• Breaks: You are entitled to a 30-minute unpaid break for every 5 hours worked up until 10 hours (where you will be entitled to two 30-minute breaks). If an employer and an employee agree, the break may be taken in 2 periods of at least 15 minutes. Paid breaks, such as coffee breaks, are not required but are often provided by employers.
• Vacation Time And Vacation Pay: After one year of employment, you are entitled to at least 2 weeks of paid vacation, and after 5 years, this increases to 3 weeks. Vacation pay is calculated as 4% of your wages if you have less than 5 years of service and 6% if you have more than 5 years.
• Public Holidays: You are entitled to a paid day off for nine statutory holidays in Alberta, including New Year’s Day, Canada Day, and Christmas Day. If you work on a public holiday, you should receive either premium pay (1.5 times your regular wage) or an additional day off with pay.
• Termination Notice And Pay: If your employer terminates your employment, they are generally required to provide you with advance notice or pay in lieu of notice based on how long you’ve been employed. For example, after 3 months but less than 2 years of service, you are entitled to at least one week’s notice.
• Maternity, Parental, And Other Leaves: As a pregnant employee, you have the right to take maternity leave (up to 16 weeks) and parental leave (up to 62 weeks) without fear of losing your job. Other leaves, such as long-term illness, bereavement, and personal or family responsibility leave, are also available.
• Youth Employment: If you are under 18, there are specific rules about the hours you can work and the types of jobs you can do, especially if you are under 16. In some cases, youth can be paid less than minimum wage.
• Equal Pay: Under the Alberta Human Rights Act, you have the right to equal pay for equal work, meaning men and women must be paid the same wage for performing the same or substantially similar tasks.
• Protection Against Deductions: Your employer can only make deductions from your wages for legally permitted reasons, such as taxes or pension contributions, and not for things like faulty work, uniforms, breakage, or cash shortages unless you consent in writing.
• Employment Records: Your employer is required to keep detailed records of your employment, including hours worked and wages paid, and must provide you access to your records if requested.

What Are My Rights as an Employer?

• Right to Hire: You have the right to hire employees who meet the specific qualifications and needs of your business.
• Overtime Agreements: You can establish overtime agreements with employees, allowing for variations from standard overtime rules.
• Performance Evaluation: You have the right to evaluate employee performance regularly and take disciplinary measures when necessary.
• Protect Business Interests: You can include non-compete clauses, confidentiality agreements, or intellectual property protections in employment contracts.
• Vacation Scheduling: You have the right to approve when vacation time is taken, balancing business needs and employee preferences.
• Probationary Periods: You can establish a probationary period for new employees, during which termination notice or pay is not required.
• Requesting Documentation For Leaves: You can request proper documentation for job-protected leaves such as maternity or sick leave.
• Work Schedules: You have the right to determine employees’ work schedules within the limits of the law.

Do Unions Have to Comply With Alberta Employment Standards?

Yes, trade unions and the collective agreement they negotiate must comply with Alberta’s Employment Standards Code. However, unions often negotiate terms that exceed these minimum standards, providing additional benefits or protections for their members.

Filing a Claim With the Alberta Employment Standards

When filing a claim, gather all relevant documents such as pay stubs and contracts. Claims must be filed within 6 months of the alleged violation through the Alberta Employment Standards website or by paper form.

Once submitted, an Employment Standards officer investigates and may mediate to recover unpaid wages or resolve disputes. If needed, an employment lawyer can provide additional assistance.