What is contained in the Employment standards and Labour code in Alberta?

The content and rules included in the provincial and territorial labour laws affect at least 90 percent of the current Canadian workers while the remaining 10 percent is federally regulated in Canada. Laws regulated by the federal authorities include the inter-provincial and international transportation industry as well as radio, television, the postal service, banking and a number of crown corporations in Canada.

The important and main issues addressed in the Employment Standards by the Alberta Ministry are jobs, skills, training and labour, provide information, resources and education to the general public. The Employment Standards Code and Employment Standards Regulation further serve to establish the minimum standards of employment in Alberta. This includes wages, earnings, hours worked, overtime, vacation, leave and termination applying to workers affected.

Standards and definitions include the minimum standards of employment affecting both employers and employees.

The main points covered are:

• Employees younger than 18 years broken into 2 groups, namely adolescents aged 12 to 14 and young persons aged 15 to 17. It also covers restrictions imposed on workers younger than 18.
• General Holidays and General Holiday Pay. The Employment Standards Code of Alberta designates the nine days as general holidays in Alberta. Additionally it recognizes days designated by the employer as general holidays and this imply that general holidays will apply to these days.

*Good Friday is a movable religious holiday falling on the Friday before Easter Sunday.

Here is a table of some of the optional holidays.

The Eligibility for General Holiday Pay and the exceptions for workers employed in specific industries and professions are covered. Workers must be employed for 30 days prior to the holiday and work their last shift before and next shift after the holiday. Employers in the construction industry are exempted from the rules but have to pay the holiday pay of at least 3.6 percent of the wage.

• Hours of Work, Rest Periods and Days of Rest as defined in the act includes time off with pay instead of overtime. It also allows 12 hours per day unless there is an emergency. It further covers rest break periods and when required.
• Defines what Maternity and Parental Leave is and how it affects eligibility of the employees. The act describes the periods for both parents and the effect on their earnings.
• Minimum wages for Alberta workers including youth and student workers in various industries and different scales affecting these workers. Both hourly and monthly wages are covered.

The minimum wage in Alberta is set out in the Employment Standards Regulation and is as follows:

1. an hourly minimum wage of $20 for most employees;
2. an hourly minimum wage of $9.20 for employees serving liquor as part of their regular job;
3. a weekly minimum wage of $406 for many salespersons, including land agents and certain professionals; and
4. a monthly minimum wage of $1,937 for domestic employees.

• Rules regarding overtime hours and pay for all workers in Alberta and the industries and professions that is excluded from the general rules.

The basic overtime is all hours worked in excess of:

1. eight hours a day, or
2. 44 hours a week.

• The frequency of pay to the employers is specified as at least once in every month and also the period in which to settle overtime and holiday pay. The code also covers the legal deductions allowed to be made from the pay.

At the end of each pay period, an employer must provide an employee with a statement of earnings showing the following:

1. regular and overtime hours of work;
2. wage rate and overtime rate;
3. earnings paid that show each component separately;
4. deductions from earnings and the reason for each deduction;
5. time off in lieu of payment of overtime; and
6. statement period.

• The code defines the rules regulating leave to reservists to the Canadian Forces as described in the national Defense Act of Canada. It covers the factors protecting their jobs while doing service.
• The rules in the code regarding termination of employment and what the termination pay must contain as well as the obligation to give notice to their employers. Covering the rights of both employer and employee in various scenarios that may occur. Again workers in the construction industry are not covered to receive financial benefits as other workers do.

Special rules apply when employment is terminated in the following situations:

1. where a business has been sold;
2. where there are breaks in employment that are less than three months; or
3. in temporary layoff situations.

• The rules in the act regarding vacations and vacation pay in most industries and the workers not covered by the act. It covers the period of vacation leave and the changes due to service in the company. The code also defines the amount that the worker is eligible to receive.

The basic entitlement to annual vacations is as follows:

1. Two weeks after each of the first four years of employment with pay, and
2. Three weeks after five consecutive years of employment with pay.

Employers and workers in the construction industry must carefully study the code to see how certain clauses exclude them from benefits.

Employment standards and labour code (Alberta): www.albertacanada.com/business/invest/employment-standards-and-labour-code.aspx

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