A Guide to Rights and Responsibilities in Alberta Workplaces

Transcription

A Guide to Rights
and Responsibilities
in Alberta Workplaces
Before the Job
Learn about pre-hiring rights
and obligations
On the Job
Find out about pay, time off,
overtime and other guidelines
Leaving the Job
Get answers about temporary leaves
or leaving a job permanently
All photos in this booklet are for illustrative purposes only.
They are not actual photos of any individuals mentioned.
Catalogue Item # 567266
This publication is available to view or order online at alis.alberta.ca/publications. Copies can be ordered
also from the Learning Resources Centre by telephone at 780-427-5775 or by fax at 780-422-9750.
For copyright information, contact:
Alberta Employment and Immigration
Career and Workplace Resources
Telephone: 780-422-1794 Fax: 780-422-5319
Email: [email protected]
© 2005, 2008 Government of Alberta, Alberta Employment and Immigration
This material may be used, reproduced, stored or transmitted for non-commercial purposes. However, Crown copyright is to be acknowledged. It is not to be used, reproduced,
stored or transmitted for commercial purposes without written permission from the Government of Alberta, Alberta Employment and Immigration. This publication is not for
resale unless licensed with Government of Alberta, Alberta Employment and Immigration. Every reasonable effort has been made to identify the owners of copyright material
reproduced in this publication and to comply with Canadian copyright law. The publisher would welcome any information regarding errors or omissions.
Government of Alberta, Alberta Employment and Immigration publications may contain or reference publications, trademark, patent or copyright held by third parties (“third
party material”), identified with a credit to the source. This does not grant the user a licence or right to that third party material. Users who wish to reproduce any third party
material in this publication should seek permission from that third party.
Information in this publication was accurate, to the best of our knowledge, at the time of printing. However, legislation, labour
market information, websites and programs are subject to change, and we encourage you to confirm with additional sources of
information when making career, education, employment and business decisions. The material in this publication is intended
for informational purposes and is not intended to be used as a source of legal advice.
ISBN 978-0-7785-6932-9
04/2005 – 40M
05/2006 – 55M
03/2008 – 40M
05/2009 – 50M
Who is this publication for?
This publication is for people new to their workplace role.
You could be a young person applying for your very first
job. You could be an immigrant applying for your first job
in Alberta. Or you may be a small business owner or
manager new to the process of hiring or supervising staff.
Whatever your role in the workplace, the laws of
Alberta and Canada have rules about hiring, working
and dismissing or laying off employees. There is another
way to think of these rules—workplace rights and
responsibilities. Sometimes they apply to workers.
Sometimes they apply to employers. And sometimes
they apply to both.
This book describes the workplace rights and
responsibilities written in Alberta laws and codes,
particularly the following:
• Employment Standards Code
• Human Rights, Citizenship and Multiculturalism Act
• Occupational Health and Safety Code
• Workers’ Compensation Act
© Government of Alberta, Alberta Employment and Immigration
• Labour Relations Code
• Freedom of Information and Protection of Privacy Act
• Personal Information Protection Act.
Finding more information
Because workplace rights and responsibilities are dealt with
in many laws and regulations, it is not possible to include
everything about these topics in one publication. If you
need more information about the issues discussed in this
publication or about related topics, you are encouraged to
consult the resources listed throughout this publication.
See the Key Contacts and Resources section for a
summary of workplace resources.
You can also contact the organizations listed throughout
this publication if you want to make a formal complaint
or appeal an employment decision. You don’t have to give
your name when calling for information. A helpful list of
complaint deadlines can be found on page 22.
The rules:
What is covered?
The Alberta Employment Standards Code sets minimum
standards, including those for earnings, minimum wage,
hours of work, days of rest, overtime pay, vacation
pay, general holiday pay, maternity and parental leave,
termination, and hiring workers under 18.
Entitlements and benefits
The basic Employment Standards Code requirements
are entitlements. They are something workers are
entitled to get and employers must give. When
employers offer more than the basic entitlement—for
example, by adding to the basic vacation time required
by the Code—they are providing employees with
greater benefits.
For more information about the Employment
Standards Code, contact Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
Deaf or hard of hearing callers with TTY
call 780-427-9999 in Edmonton or 1-800-232-7215
toll-free in other Alberta locations.
Website: employment.alberta.ca/es
Some exceptions
About 90 per cent of Alberta businesses are covered
by the Alberta Employment Standards Code. Even if the
Code covers your industry, you might not be covered by
some parts of the Code. Industries such as construction
have different rules for vacation and holiday pay and for
giving notice about a job ending.
If, as an employer or worker, you think different rules
might apply in your workplace or industry, call the
Employment Standards Contact Centre.
Are you covered by
the Canada Labour Code?
About 10 per cent of Alberta businesses fall under the
Canada Labour Code.
You are covered by the Canada Labour Code if you work
in a company or business that:
1. performs a function or duty on behalf of the
Government of Canada. This includes:
• most federal Crown corporations and federal special
operating agencies
•private businesses necessary for the operation
of a federal act.
2. is a federal undertaking of business. Federal
undertakings or businesses include:
• marine shipping services such as:
– the operation of ships anywhere in Canada
– a line of ships or ferry service extending
beyond the borders of a province, or of Canada
– ports
ii
• air transportation, including:
– airports and aerodromes
– airlines
•railways
•road transportation (crossing provincial borders)
•canals, pipelines, tunnels and bridges (crossing
provincial or international borders)
•telephone, telegraph and cable systems
•radio and television broadcasting
(including cablevision)
• banks
• grain elevators and feed and seed mills
• uranium mining and processing
•business dealing with protection of fisheries
as a natural resource
•many First Nations activities.
This publication does not discuss employment
standards as set by the Canada Labour Code.
For more information about the Canada
Labour Code, contact:
Human Resources and Social Development Canada
Phone: 1-800-668-5155 toll-free
Website: www.labour.gc.ca
(under Employment Standards)
iii
The Rules—What Is Covered? · · · · · · · · · · · · · · · · · · ii
Before the Job Starts · · · · · · · · · · · · · · · · · · · · · · · · · 1
Pre-hiring rights and obligations
Protecting human rights· · · · · · · · · · · · · · · · · · · · · · · · · · ·
Drug and alcohol testing· · · · · · · · · · · · · · · · · · · · · · · · · · ·
Security checks· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Social Insurance Numbers · · · · · · · · · · · · · · · · · · · · · · · · ·
2
2
3
3
Rules for hiring young people
Hiring adolescents · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 3
Hiring young persons · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 3
Human rights protection related
to age in the workplace· · · · · · · · · · · · · · · · · · · · · · · · · · · · 4
On the Job· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
5
Special needs and circumstances
Duty to accommodate · · · · · · · · · · · · · · · · · · · · · · · · · · · · 6
Appearance and dress · · · · · · · · · · · · · · · · · · · · · · · · · · · · 7
Getting paid—How much?
Minimum wage· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Working under contract· · · · · · · · · · · · · · · · · · · · · · · · · · ·
Equal pay for similar work· · · · · · · · · · · · · · · · · · · · · · · · · ·
Food and lodging deductions · · · · · · · · · · · · · · · · · · · · · · ·
7
7
8
8
Getting paid—When and how?
Regular pay· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 8
Overtime and overtime pay· · · · · · · · · · · · · · · · · · · · · · · · · 8
Vacation pay · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 8
iv
Table of contents
General holiday pay· · · · · · · · · · · · · · · · · · · · · · · · · · · 9
Holiday falls during annual vacation · · · · · · · · · · · · · · 9
Pay records
What does a statement of earnings look like?· · · · ·
Approved deductions · · · · · · · · · · · · · · · · · · · · · · · ·
Other pay information· · · · · · · · · · · · · · · · · · · · · · · ·
Keeping your own employment information· · · · · · ·
10
10
10
10
Taking time off while working
Hours of rest and work· · · · · · · · · · · · · · · · · · · · · · · 11
What is work time?· · · · · · · · · · · · · · · · · · · · · · · · · · 11
Taking vacations · · · · · · · · · · · · · · · · · · · · · · · · · · · · 11
Safety on the job
Worksite hazards and controls · · · · · · · · · · · · · · · · ·
Working alone· · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Violence in the workplace· · · · · · · · · · · · · · · · · · · · ·
Being prepared for an emergency· · · · · · · · · · · · · ·
Leaving the Job· · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
17
Leaving a job temporarily
Maternity and parental leave· · · · · · · · · · · · · · · · · · ·
Sick leave · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Compassionate leave· · · · · · · · · · · · · · · · · · · · · · · ·
Layoffs and recalls · · · · · · · · · · · · · · · · · · · · · · · · · ·
18
19
19
20
Leaving a job permanently
Time worked and notice required· · · · · · · · · · · · · · ·
Just cause· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Payment upon termination of employment · · · · · · ·
Record of Employment· · · · · · · · · · · · · · · · · · · · · · ·
20
21
21
22
Making complaints—How long do you have? · · · · · 22
11
12
12
13
Workers’ Compensation
Who is covered by WCB?· · · · · · · · · · · · · · · · · · · · · 14
The employer’s role· · · · · · · · · · · · · · · · · · · · · · · · · · 14
The worker’s role · · · · · · · · · · · · · · · · · · · · · · · · · · · 14
Key Contacts and Resources · · · · · · · · · · · · · · · · · ·
23
Making the right call—Key workplace contacts · · · · 23
Alberta Employment and Immigration · · · · · · · · · · · 28
Other Government of Alberta resources· · · · · · · · · · 29
Government of Canada· · · · · · · · · · · · · · · · · · · · · · · · 29
Right to organize and belong to unions
Union dues· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 15
Other labour relations issues · · · · · · · · · · · · · · · · · · 15
Protecting personal information and privacy
Collecting and using personal information · · · · · · · · 15
Disclosing personal information· · · · · · · · · · · · · · · · 16
Before the
in this section
Pre-hiring rights
and obligations
Rules for hiring
young people
e job starts
PRE-HIRING RIGHTS AND OBLIGATIONS
Protecting human rights
The Human Rights, Citizenship and Multiculturalism Act
helps every Albertan by prohibiting discrimination or unfair
treatment on the grounds of race, religious belief, colour,
gender, physical disability, mental disability, age, ancestry,
place of origin, marital status, source of income, family
status and sexual orientation.
The Alberta Human Rights and Citizenship
Commission, an independent commission of the
Government of Alberta, operates under this Act to:
• foster equality and reduce discrimination
• provide public information and education programs
• help Albertans resolve human rights complaints.
Alberta’s human rights law affects employers and workers
during the hiring process by influencing:
• how job applications or notices are written
• the kinds of questions permitted in job interviews.
Employers should be aware of the types of questions that
can be asked and answered during the hiring process.
Employers can protect human rights by:
• using job advertisements and application forms that
make it clear a job is open to both men and women
• making sure job advertisements and applications do not
exclude anyone based on other grounds protected under
Alberta’s human rights laws
• taking care in job interviews and in reference checks
not to ask about race, religious belief, colour, gender,
physical disability, mental disability, age, ancestry, place
of origin, marital status, source of income, family status
or sexual orientation.
Employers can tell applicants that they will be tested for
job-related skills. Some jobs require physical co-ordination,
strength or the ability to handle stress.
In this case, testing is permitted if these abilities
are clearly job-related. The same tests must be given
to everyone being hired for similar work.
Drug and alcohol testing
Canadian laws on drug and alcohol testing are still
evolving. Testing for drugs and alcohol is permitted if the
employer can show the test is reasonable and justifiable
and does not violate the Human Rights, Citizenship and
Multiculturalism Act.
For questions about human rights issues or
to make a complaint, contact the confidential
inquiry line at the Alberta Human Rights and
Citizenship Commission:
North of Red Deer: 780-427-7661
Red Deer south: 403-297-6571
Toll-free: dial 310-0000 and then enter the local
area code and phone number
Deaf and hard of hearing callers with TTY call
780-427-1597 in Edmonton, 403-297-5639 in Calgary
or 1-800-232-7215 toll-free in other Alberta locations.
E-mail: [email protected]
Website: albertahumanrights.ab.ca
Because of confidentiality concerns, the Commission
cannot reply to complaints of discrimination by e-mail.
2
Security checks
Security checks may be required before you start a job,
particularly if you will be working with children, persons
with disabilities and the elderly, or handling confidential
information or money. When security checks are
conducted, they must be given to everyone being hired
for similar work and the same standards must be used for
everyone being checked.
Social Insurance Numbers
You need a Social Insurance Number (SIN) to work in
Alberta and elsewhere in Canada or to receive employment
benefits. Your employer also needs your SIN to record
your income tax, Canada Pension Plan and Employment
Insurance payments. If you don’t have a SIN and are
seeking work, contact your nearest Human Resources and
Skills Development Canada office to apply for your number
or download an application form from the website.
Rules for hiring young people
Hiring adolescents (12 to 14 years old)
If you are an adolescent aged 12 to 14, you can be hired for
work that doesn’t endanger your life, health, education or
welfare. Employers can hire adolescents to make deliveries
for a retail store, deliver newspapers or flyers, or work as
clerks in offices or retail stores. Adolescents may also work
in certain occupations in the restaurant and food service
industry, but with special conditions. For other work, a
special permit from Alberta Employment and Immigration is
required, along with written permission from your parent or
guardian. If you are 12, 13 or 14 years of age, you can work
only two hours on school days and eight hours on nonschool days. You can’t work between nine in the evening and
six in the morning or during regular school hours.
Hiring young persons (15, 16 & 17 years of age)
For information about Social Insurance
Numbers, contact Service Canada:
Employment Standards does not impose any restrictions
on the type of work a young person may be engaged in.
However, certain occupations and times of the day are
subject to restrictions.
Phone: 1-800-206-7218 toll-free (choose menu option 3)
There are restrictions if a young person works in:
Deaf and hard of hearing persons with TTY
call 1-800-529-3742 toll-free.
Website: servicecanada.gc.ca
Choose Social Insurance Number (SIN)
under Programs and Services for You.
Temporary foreign workers
This publication doesn’t discuss the requirements
for employers hiring temporary foreign workers or
details about additional resources for temporary
foreign workers. The Temporary Foreign Worker
Guide for Employees and the Temporary Foreign
Worker Guide for Employers provide more
information on this topic. The publications give
workers and employers basic information about and
requirements for employment standards, workplace
health and safety, workers’ compensation, the
Alberta Provincial Nominee Program and the federal
government’s Temporary Foreign Worker Program,
as well as detailed contact information.
To order your free copy, call Employment Standards
at 1-877-427-3731 toll-free or visit the website at
employment.alberta.ca/es.
• a place that sells food or drink
• a retail store
• a retail business selling gas or other petroleum
or natural gas products
• a hotel or motel.
Young persons are not permitted to work in such business
between midnight and 6 a.m. After 9 p.m. the young
person must be in the continuous presence of at least one
other individual 18 years old or older. Young persons may
work in other occupations after midnight if the following
conditions are met:
• the young person’s parent or guardian provides the
employer with written consent to the employment
• the young person is always in the presence of at least
one other individual 18 years of age or older.
To find out more about rules that apply
to hiring adolescents and young people,
contact Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
Deaf or hard of hearing callers with TTY call
780-427-9999 in Edmonton or 1-800-232-7215
Human rights protection
related to age in the workplace
Human rights protection relating to age in employment
applies to people 18 years or older. For example, an
employer cannot say a person is too young or too old for
a job if that person is 18 years old or older. This protection
applies to:
• employment practices
• job applications and advertisements
• membership in trade unions, employees’
organizations or occupational associations.
However, any worker can make a complaint of
discrimination related to employment if they believe
the discrimination is based on age, physical disability,
race, gender or another ground protected under the
Human Rights, Citizenship and Multiculturalism
Act. See Key Contacts and Resources for a complete
list of protected grounds.
Hiring and interviewing
tips for employers
Employers looking for hiring and interviewing
tips beyond employment standards and human
rights issues can find it in the publication Finders
& Keepers: Recruitment and retention strategies,
produced by Alberta Employment and Immigration.
You can get free copies in Alberta by calling the
Alberta Career Information Hotline (see Key Contacts
and Resources) or by ordering or downloading
a copy from alis.alberta.ca/publications.
For more information or to make a
complaint, contact the confidential inquiry
line at the Alberta Human Rights and
Citizenship Commission:
Toll-free: dial 310-0000 and enter
the local area code and phone number
Deaf and hard of hearing callers with TTY
call 780-427-1597 in Edmonton, 403-297-5639
in Calgary or 1-800-232-7215 toll-free in other
Alberta locations.
On the job
in this section
Special needs
and circumstances
Getting paid — How much?
Getting paid—
When and how?
Pay records
Taking time off
while working
Safety on the job
Right to organize
and belong to unions
Protecting personal
information and privacy
b
SPECIAL NEEDS AND CIRCUMSTANCES
Alberta workplaces are becoming more diverse and
multicultural. Under Alberta’s human rights law,
employers and workers have a responsibility to ensure
diverse abilities and differing backgrounds are respected
and accepted in the workplace.
Duty to accommodate
Employers have a duty to give all Albertans equal
opportunity in the workplace by protecting human
rights related to:
• race
• religious belief
• colour
• gender
• physical disability
• mental disability
• age
• ancestry
• place of origin
• marital status
• source of income
• family status
• sexual orientation.
To protect these rights, employers may need to modify:
• rules
• standards
• policies
• workplace attitudes or cultures
• workplace environment.
Employers and workers should discuss changes required
to meet special needs.
Changes and adjustments could involve:
• buying or modifying tools, equipment or aids
• altering the premises to make them more accessible
• altering some job duties
• providing flexible work schedules
• offering rehabilitation programs
• providing time off for recuperation
• approving a transfer to a different job
• hiring an assistant
• using temporary employees
• relaxing requirements to wear a uniform.
The requirement under human rights law to change
the workplace in such ways is called the duty to
accommodate. Employers have a duty to accommodate
up to the point of undue hardship. Undue hardship occurs
if accommodation would create very difficult conditions
for an employer, such as intolerable financial costs or a
serious disruption to business.
The undue hardship standard is very high. As a result,
employers are required to provide some accommodation
in most situations.
Find out more about the duty to
accommodate and human rights in the
workplace by contacting the Alberta Human
Rights and Citizenship Commission:
Toll-free: dial 310-0000 and enter
the local area code and phone number
6
Alberta Employment and Immigration offers Disability
Related Employment Supports (DRES). DRES addresses
barriers to employment for Albertans with disabilities. A
variety of supports are available to persons with disabilities
and employers who are accommodating the needs of
workers with disabilities.
For more information, visit the website at
employment.alberta.ca/dres or phone the
Alberta Career Information Hotline to find
the nearest office.
Edmonton: 780-422-4266
Toll-free: 1-800-661-3753
call 780-427-9999 in Edmonton or 1-800-232-7215
Appearance and dress
Employers can set reasonable appearance and grooming
standards for workers. These can include requiring workers
to meet standards for neatness, grooming, safety and
health, unless they interfere with a worker’s religion or
well-being.
If you have questions about appearance and
dress codes in the workplace, call the Alberta
Human Rights and Citizenship Commission’s
confidential inquiry line or visit the website:
Toll-free: dial 310-0000 and enter the local area
code and phone number
call 780-427-1597 in Edmonton, 403-297-5639
in Calgary or 1-800-232-7215 toll-free in other
Alberta locations
Getting paid — How much?
The Employment Standards Code sets the minimum
wage rate you must be paid each hour, whether you are
paid a salary, commission or wages. The Code also tells
workers (whether full time, part time, casual, pieceworkers,
commissioned, students or salaried) and employers when
and how wages are to be paid.
Minimum wage
Alberta’s minimum wage ($8.80* an hour) applies to most
industries and workplaces. Minimum wage does not
include tips, bonuses and expense money. If you work less
than a three-hour shift, you are entitled to at least three
hours of pay at minimum wage. However, the rules differ
in some industries and some types of work (e.g. some
salespeople and live-in domestic employees).
To find out more about the minimum wage
and whether special rules apply to you or your
workplace, contact Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
780-427-9999 in Edmonton or 1-800-232-7215 toll-free
in other Alberta locations.
Working under contract
You may have hired or been hired under contract for a
period of time or for a particular task. If you are doing
work under contract, it may be considered as selfemployment. In such cases, rules about pay, hours of work,
Employment Insurance, Canada Pension Plan and Workers’
Compensation coverage may not apply.
To clarify coverage for contract work you are
offering or providing, contact the Canada
Revenue Agency:
Workers, phone: 1-800-959-8281 toll-free
Self-employed, phone: 1-800-959-5525 toll-free
1-800-665-0354 toll-free.
Website: www.cra-arc.gc.ca
*At time of printing, Alberta’s minimum wage was $8.80 an hour. For the most current minimum wage information, visit employment.alberta.ca/es.
Equal pay for similar work
Overtime and overtime pay
Men and women working in the same place and
performing the same or similar work are entitled under
Alberta’s human rights law to be paid at the same rate.
Where there are differences in pay, they must be based
on factors other than gender, such as experience,
education or performance on the job.
Workers are entitled to time-and-a-half (1.5 times their
regular hourly wage) for overtime work, generally for
working more than 44 hours a week. Workers in most
industries must work more than eight hours a day and
more than 44 hours a week before overtime applies. And
certain industries or jobs—for example, managers and
supervisors or those working in oil well servicing—may
have different rules for overtime and hours worked.
Sometimes, instead of paying overtime, employers
agree to have workers take time off equal to the overtime
worked. During hiring, workers should ask and understand
how they will be paid for overtime.
Food and lodging deductions
When food and lodging* are provided, employers can
charge workers up to $2.89 per meal and $3.82 per day
for lodging. More information about food, lodging and
work clothing deductions is available though Employment
Standards (see the Key Contacts and Resources section).
Getting paid—When and how?
Regular pay
Employers can decide whether to pay workers weekly,
every second week or monthly (the longest pay period
allowed). Workers must be paid no later than 10 days
after the end of each pay period. Employers decide how
payment is made, usually by:
• cash
• money order
• cheque
• direct deposit into your bank account.
When you work in a unionized setting, your collective
agreement will determine when and how you are paid.
If your employer is using direct deposit, you may be
asked for:
• the name of your bank or credit union
• your bank account number or a blank, unsigned
cheque with the word VOID written across it.
Employers have a right to recover payroll overpayments.
But the employer must prove the overpayment, then either
get the employee’s written permission to deduct it from
their pay or begin legal action to recover the overpayment.
If you have questions about pay and deductions, first
talk to your supervisor or employer. If you require more
information, contact Employment Standards.
If you are still unsure about how overtime
works in different jobs and industries, contact
Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
Vacation pay
Your vacation pay depends on how much you earn and
how long you have worked for an employer. Vacation pay is
a percentage of regular wages. This means your vacation
pay is not increased or decreased by:
• overtime pay
• general holiday pay
• bonuses
• expense allowances.
After working one year with the same employer, you are
entitled to two weeks of vacation pay or an amount equal
to four per cent of your regular pay. If you have worked
less than a year when you leave, your vacation pay should
be four per cent of your earnings. When working in
construction or brush clearing, your vacation pay should
equal six per cent of your wages.
Employers can pay vacation pay at any time but, if it
hasn’t already been paid out, vacation pay must be paid no
later than the first scheduled payday after an employee’s
vacation begins.
*For the most current information on food and lodging deductions, visit employment.alberta.ca/es.
General holiday pay
Alberta’s nine general or statutory (stat) holidays are: New
Year’s Day, Alberta Family Day, Good Friday, Victoria Day,
Canada Day, Labour Day, Thanksgiving Day, Remembrance
Day and Christmas Day. Employers may also decide to
treat some other days as holidays. Most workers, including
supervisors and management, are eligible for general holiday
pay. Some workers, such as farm and ranch workers, are not.
If a holiday falls on your regular workday, you are entitled
to be paid at least at your average daily wage, even though
you have the day off work. To be eligible for holiday pay, you
must have:
• worked for the employer for at least 30 working days
or shifts in the 12 months before the general holiday
• worked your last scheduled shift before, and the first
scheduled shift after, the holiday (you will remain
eligible if you have your employer’s permission to
be absent for either or both of these shifts)
• not refused to work on the general holiday when
asked to do so.
Holiday falls during annual vacation
When a general holiday falls during your annual vacation,
your employer must extend your vacation by one day with
pay or give you a paid day off before your next annual
vacation starts.
More detailed information about vacation
and holiday pay is available from
Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
Pay for working on a holiday
Worker’s Situation
Employer Must Pay
Worker is entitled to holiday
with pay and works
on the holiday
Regular rate of pay plus
time-and-a-half (1.5 times)
regular pay. In some cases,
the employer can give a day
off plus a regular day’s pay,
instead of paying time-anda-half.
The holiday is worker’s
regular day off but he or she
works on the holiday
9
1.5 times regular rate of pay
for each hour worked
A Guide to Rights & Responsibilities in Alberta Workplaces
780-427-9999 in Edmonton or 1-800-232-7215
Pay records
Employers must:
• prepare accurate, up-to-date employment records
for each worker and keep the records for at least
three years
• provide a statement of earnings and deductions
(pay stub or pay slip). Workers should receive
these pay stubs with their paycheque or when
a direct deposit is made into their bank accounts
• answer workers’ questions about calculation
of earnings.
What does a statement
of earnings look like?
Pay stubs vary somewhat depending on the employer,
but a pay stub must include:
• worker’s name
• pay period covered by the statement
• wage rate and overtime rate
• general holiday pay
• regular hours worked and earnings from
regular hours
• overtime worked and earnings from overtime work
• time off earned instead of overtime, and earned
time taken off
• deductions from earnings and reason for each deduction.
Approved deductions
Deductions from earnings may include:
• Income tax deduction—the amount the employer
deducts for federal and provincial income taxes. The
amount deducted depends on whether the worker is
single or has children or other dependants.
• Canada Pension Plan (CPP) contribution—the amount
workers contribute toward their Canada Pension if they
are 18 years of age or older. A worker contributes every
year until they retire—age 60 at the earliest.
• Employment Insurance (EI) contribution—the
employer and worker both pay part of the EI contribution.
The amount deducted depends on the worker’s earnings.
• Alberta Health Care Premium—taken off to pay for the
worker’s health care.
• Garnishee deduction—made if there is a court order
against part of a worker’s pay to repay unpaid debts. (A
person who is owed money by an employee obtains a
court order and a specific amount of money is removed
from the employee’s pay and sent to the person who
obtained the court order.)
• Union remittances (money sent to a union)—deducted if
the workplace has a union and payment is authorized by the
collective agreement between the union and the employer.
Other deductions, which workers must approve in writing,
may include:
• employee pension plan contribution
• life insurance premium
• disability insurance premium
• extended health care premium
• dental plan premium
• parking
• charitable contributions
• social club contributions.
If other members of your family are working,
you may already be covered under their Alberta
Health Care premium. Check to make sure you
are not paying twice for health coverage.
Other pay information
An employer may also decide to include the following
information on the pay stub:
• total earnings or gross pay—the total pay before
deductions in the latest pay period
• net pay or net earnings—the amount a worker receives
after deductions are taken from total earnings
• vacation pay—the amount set aside or paid by the
employer in the latest pay period for the worker’s
vacation pay.
Employers or workers who still have unanswered
questions about pay or deductions should
contact Alberta Employment Standards:
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
780-427-9999 in Edmonton or 1-800-232-7215 toll-free in
other Alberta locations.
Keeping your own
employment information
As a worker, you can help yourself by keeping your own
records, including your pay stubs. If you think you have
not been paid for all or some hours you worked, keep your
own record of the days and numbers of hours worked. This
information may be useful if you have to clarify something
with your employer. It might also help if you decide to file
an official complaint.
10
Key Times Affecting
Work Breaks and Shifts
Required Employee Rest Period
or Time Off
Over 5 hours
At least one 30-minute paid or unpaid
break or several shorter breaks
totalling at least 30 minutes
12 hours
Maximum work period in a day, except
in emergencies and some industries
(for example, geophysical exploration
and oilwell servicing).
• attending meetings or training at the employer’s
request
• travelling between job locations.
8 hours
Minimum rest period between shifts,
when the employer requires the
worker to change from one shift
to another
Taking vacations
24 hours
Minimum period for being notified of
a shift change
1 day
Minimum rest period for each week.
Rest days can be saved for use at one
time within a four-week period.
24 consecutive days
Maximum consecutive days required
work. Must be followed by four
consecutive days of rest.
Taking time off while working
Hours of rest and work
Workers need adequate breaks while at work and
between shifts. The table on the right lists the basic
requirements an employer must provide.
What is work time?
An employee is working when providing a service for an
employer. That work can include:
After 12 months working for an employer, you are
entitled to the amount of vacation with pay shown
in the table on the right.
• Employers have the final say on when workers take
their vacation if a mutually agreeable time for the
vacation cannot be found.
• Workers are entitled to take vacations in one unbroken
period or in shorter periods not less than a day.
• Workers should ask in writing if they want to
take only part of their annual vacation.
Safety on the job
By working together, employees and workers can create
healthy and safe workplaces. Workers aged 15 to 24 are
one-third more likely than those over 25 to be injured at
work. For this reason, it is especially important for young
employees, and those who employ them, to pay attention
to workplace safety.
If a workplace is unsafe, government Occupational
Health and Safety officers can require changes or shut
down equipment or the whole workplace.
Worksite hazards and controls
Alberta’s Occupational Health and Safety Code requires
employers to eliminate or control existing or potential
hazards. Most workers are covered by Alberta’s Code.
Exceptions include domestic workers (such as nannies
and housekeepers) and persons working at home, federal
government employees and workers in federally regulated
industries (for example, banks and transportation
companies with workers who cross provincial borders),
farmers and certain agricultural workers.
11
Length of EmploymentMinimum Vacation
After 1, 2, 3 or 4 years
2 weeks
After 5 years 3 weeks
Looking for safety tips?
If you are new to the workplace, you can find useful
workplace health and safety information in the
publication X-treme Safety: A Survival guide for new
and young workers produced by Alberta Employment
and Immigration. You can get free copies in Alberta
by calling the Alberta Career Information Hotline
(see Key Contacts and Resources) or by ordering or
downloading a copy from alis.alberta.ca/publications.
Worker safety responsibilities
Employer safety responsibilities
On the job, workers must make sure they are:
On the job employers must make sure they are:
• working safely and co-operating with the employer
by following health and safety rules on the job
• using safety and personal protective equipment
• taking part in safety training, including Workplace
Hazardous Materials Information System
(WHMIS) training
• reporting unsafe working conditions to the employer
or supervisor.
•
•
•
•
If you have concerns about workplace health and safety,
talk to your supervisor. If you still aren’t satisfied, speak to
your supervisor’s boss. If the situation still doesn’t change
or improve, call Workplace Health and Safety.
For more information or to express concerns
about workplace health and safety issues,
call the Alberta Workplace Health and Safety
Contact Centre:
Edmonton: 780-415-8690
Toll-free: 1-866-415-8690
Website: employment.alberta.ca/whs
for information or to file a complaint
worksafely.org
for additional health and safety information
or access to training
“Can I be fired for refusing to work
in unhealthy or unsafe working
conditions?”
No. It’s against Alberta law to fire a worker for refusing to
work in unhealthy or unsafe working conditions that are in
violation of the Occupational Health and Safety Code.
If you get hurt on the job:
• tell your employer
• get medical treatment, if needed
• complete a Workers’ Compensation Board Report
of Injury form.
•
•
•
•
•
protecting the health and safety of workers
assessing and controlling workplace hazards
informing workers of any danger on the work site
setting safe work practices and making sure these
practices are followed
making sure workers have proper skills and training to do
their jobs safely
keeping equipment in safe working order
labelling and storing dangerous chemicals properly
monitoring workers who may be exposed to certain
controlled products (and, in some cases, require health
examinations)
reporting serious workplace injuries and fatalities to
Alberta Workplace Health and Safety.
Working alone
With some exceptions, it is legal for employees in Alberta
to work alone. Special rules apply to workers age 15 to
18. A guide for employees and employers called Working
Alone Safely is available online at employment.alberta.
ca/whs. Click on Working Alone on the left-hand menu.
Violence in the workplace
Physical violence, whether threatened or carried out,
is a workplace hazard. To prevent violence in the workplace,
the Occupational Health and Safety Code requires
employers to:
• recognize workplace violence as a hazard
• develop policies and procedures to prevent and deal with
workplace violence, including the steps of investigating,
documenting and reporting any cases of violence
• teach workers to recognize workplace violence and to
respond appropriately, including how to get help.
As a worker, you can help prevent workplace violence by:
•
•
•
•
treating your co-workers, clients and the public
with respect and dignity
helping to develop policies and procedures that
prevent violence
taking part in education programs
reporting incidents of workplace violence.
Employers have a responsibility to ensure that workers
who complain about hazards and violence in the workplace
are not penalized.
12
The Alberta Human Rights and Citizenship Commission
deals with harassment in workplaces when it relates to any
of the 13 grounds protected under Alberta’s human rights
law. These grounds relate to race, religious belief, colour,
gender, physical disability, mental disability, age, ancestry,
place of origin, marital status, source of income, family
status or sexual orientation.
If you have questions about workplace
harassment, call the Commission’s
confidential inquiry line or visit the website:
Toll-free: dial 310-0000 and enter the local
area code and phone number
Being prepared for an emergency
It’s best for everyone if injuries and emergencies in the
workplace can be prevented, but sometimes emergencies
happen. When they do, it’s important to be ready to respond.
The employer’s role
Employers need to have a plan for emergencies,
such as fires, that may require rescue or evacuation.
The plan should:
•
•
•
•
Employers can download a Health and Safety Tool Kit
for Small Business at employment.alberta.ca/whs.
Click on Small Business in the left-hand menu, then
select Resources for Small Business.
The worker’s role
You can contribute to emergency response and
preparedness in your workplace by:
•
•
•
•
•
asking if your employer has an emergency response plan
knowing where the plan is kept
reading and reviewing the plan
knowing your responsibilities in an emergency
making sure you have proper training and equipment if
your employer asks you to provide rescue services or
supervise an evacuation
• suggesting improvements to the plan.
If you still have questions about workplace
health and safety issues, contact the Alberta
Workplace Health and Safety Contact Centre:
Edmonton: 780-415-8690
Toll-free: 1-866-415-8690
780-427-9999 in Edmonton or 1-800-232-7215
for information or to file a complaint
worksafely.org
for additional health and safety information
be in writing
be shared with all affected workers
be kept up-to-date, reflecting current circumstances
in the work site
designate the workers who will provide rescue
services and supervise evacuation procedures
in an emergency.
Employers must provide designated rescue and evacuation
workers with:
•
•
•
13
emergency response training
appropriate personal protective clothing and
equipment, if required
exercise drills to competently carry out their duties.
The employer’s role
Most Alberta employers are required by law to protect
themselves and to provide their employees, regardless
of age, with liability and disability insurance for workrelated injuries and illnesses. This no-fault insurance is
provided through the Alberta Workers’ Compensation
Board (WCB), which:
Employers pay all of the WCB premiums—nothing is
deducted from a worker’s wages or salary for WCB. The
premiums the employer pays are based on the worker’s
gross earnings, including wages, piecework payment,
commissions, bonuses, payment for on-the-job training and
holiday pay.
• pays an injured worker’s disability payments and medical
expenses whether or not that employee was responsible
for the work-related injury
• assists with the worker’s treatment program
• helps injured workers gradually return to their regular
job through modified work programs.
Employers must:
Who is covered by WCB?
WCB covers workers whether they are:
• full time
• part time
• casual
• temporary
• contract employees
• subcontactors (if considered employees).
Some industries are not required to provide WCB coverage.
To check if this applies to your industry or for other questions
about workers’ compensation, contact the WCB.
For all general inquiries, contact the
WCB by phone or e-mail:
Edmonton: 780-498-3999
Toll-free: 1-866-922-9221
and enter 780-498-7895.
E-mail (Web form): www.wcb.ab.ca/contact
Website: www.wcb.ab.ca
• tell workers about their WCB coverage
• keep records of WCB payments and claims information
• report any injuries to WCB, including reporting when an
employee returns to work after an injury
• help injured employees return to work. See Duty to
accommodate.
Employers must report injuries to the WCB if it is likely that
the worker will be off the job beyond the day the injury
happened or the worker will need to do different work as a
result of the injury. Employers must also report if the injury
requires ongoing medical treatment or results in permanent
disability. An employer must report an injury to the WCB
within 72 hours of being notified of the injury.
The worker’s role
If you are injured or require medical attention while
at work:
• see a doctor immediately
• tell your employer what happened
• if necessary, have your employer complete a WCB
Employer’s Report of Injury form.
“Is there a waiting period before
WCB coverage begins?”
No. If your employer is in an industry that must have
Workers’ Compensation coverage, you are covered
as soon as you start your job.
For a list of industries exempt from WCB coverage, go
directly to: www.wcb.ab.ca/pdfs/exempted_industries.pdf
14
Right to organize
and belong to unions
The Board also produces an overview of labour relations
called A Guide To Alberta’s Labour Relations Laws.
Unions are organizations that negotiate on an employee’s
behalf for better wages, benefits and working conditions.
The Alberta Labour Relations Code, which is administered
by the Alberta Labour Relations Board, deals with:
For more information, contact the Alberta
Labour Relations Board:
• how unions are formed
• how a worker can join a union
• the rights of employers, workers and unions
in unionized workplaces.
Under the Labour Relations Code, most Alberta workers
have the right to form or join unions and engage in
collective bargaining with their employer. Workers not
covered by the Code include farm and ranch workers,
domestic workers, certain professionals (such as doctors,
dentists and lawyers), workers under federal jurisdiction
and people who are self-employed.
Depending on their job, workers in a unionized workplace
may be required to join a union within a certain time. In
closed-shop companies, which are quite common in the
construction industry, workers must belong to a union
before they can be employed.
Union dues
Unions can collect dues from their members. The Code
allows an employer to collect dues and pass these on
to the union if the worker agrees to this in writing.
Employees interested in working collectively for labour
relations purposes can create a new trade union. To do this
they must draft a constitution and bylaws, which must be
filed with the Labour Relations Board.
The Labour Relations Code outlines how employees can
ask for a democratic vote in their workplace to:
• certify a union as a bargaining unit
• revoke a union as a bargaining unit.
An employer or a union cannot take action against workers
who try to form a union or attempt to have
a union removed.
Other labour relations issues
You can contact the Labour Relations Board about other
labour relations issues, including:
• unfair labour practices
• strikes and lockouts
• collective bargaining
• arbitration and mediation.
15
Edmonton: 780-427-8547
Toll-free: dial 310-0000 and enter 780-427-8546
Website: alrb.gov.ab.ca
“If I am on strike or locked out,
am I still an employee?
Can I get my job back once the
strike or lockout is over?”
Yes. Although not entitled to pay, you cannot be fired for
being on strike or locked out by your employer. When the
strike or lockout ends, you are entitled to get your job back.
Protecting personal information
and privacy
Alberta has two laws that deal with the collection, use and
disclosure (sharing) of personal information of employees:
• the Personal Information Protection Act (PIPA),
covering personal information about employees
in the private sector
• the Freedom of Information and Protection of Privacy
Act (FOIP), covering personal information about
employees of the provincial government and other public
agencies, such as school boards and hospitals.
Privacy legislation recognizes that employers need to
collect, use and disclose certain personal information
of employees and people applying for work. This is part
of managing the ongoing relationship in the workplace.
Collecting and using
personal information
When an employer collects personal information from
an employee, the employer must state the purposes for
the collection and how the personal information may be
used or disclosed. Normally, employers collect personal
information directly from employees, but privacy legislation
does allow for indirect collection in some cases.
For example, information may be collected from a previous
employer as part of checking references. Employers can
only collect work-related information about a job candidate.
Examples of the most common types of personal
information collected by employers include:
• name, address, telephone number, date of birth
• Social Insurance Number
• resumés and references
• education history
• beneficiary information.
Employers normally use personal information
for purposes such as:
• staffing, including recruitment, resignation
and termination
• payroll and benefits, including hours worked
and scheduling shifts
• performance evaluation
• training and development programs
• workplace health and safety programs.
Disclosing personal information
A few employees will have access to your personal information
if they need it to do their job. For example, your supervisor and
the payroll clerk may use information on a regular basis.
Your employer also has an obligation to restrict access
to your information by people not working in your company.
However, some information will be disclosed to certain
organizations, such as Canada Revenue Agency for tax
purposes or Alberta Blue Cross for health benefits.
Privacy legislation permits employers to give out information
about employees in certain circumstances, such as:
• providing an employee’s business contact information in
a company phone book or website
• contacting family in an emergency
• assisting in a law enforcement investigation
• passing along information to a third party when
the employee makes the request, for example,
to confirm the employee’s salary with a bank
• disclosing information when required by law, such as
during an investigation into a workplace accident.
As a worker, you have a right to:
• request access to your own personal information
and to receive an explanation for any information
that is withheld
• know how your personal information has been
used or released
• ask for a correction if there are mistakes in your
personal information.
For information or to make a complaint about
workplace privacy in the private sector, contact:
Office of the Information
and Privacy Commissioner
Calgary: 403-297-2728
Toll-free: 1-888-878-4044
Website: www.oipc.ab.ca
For information on the Personal Information
Protection Act (PIPA), contact:
Access, Privacy and Security Branch
Service Alberta
Edmonton: 780-644-7472
Website: pipa.alberta.ca
For information or to make a complaint about
workplace privacy in the public sector, contact:
Office of the Information
and Privacy Commissioner
Edmonton: 780-422-6860
Toll-free: 1-888-878-4044
For information on the Freedom of Information
and the Protection of Privacy Act (FOIP),
contact:
Service Alberta
Edmonton: 780-427-5848
Website: foip.alberta.ca
Deaf or hard of hearing callers with TTY can reach Alberta
government offices by dialing (780) 427-9999 in Edmonton
or 1-800-232-7215 in other Alberta locations.
You cannot see personal information about
another employee.
16
Leaving th
in this section
Leaving a job
temporarily
Leaving a job
permanently
Making complaints–
How long do you have?
he job
Leaving a job temporarily
You may decide to take weeks, months or even years off
work. If your employer agrees, you may return or be rehired
later. This is not something your employer must do because
of government rules. But there is one situation where you
are entitled to return after temporary leave from work and
your employer must accept you back. That is maternity or
parental leave.
Maternity and parental leave
If you are a full-time or part-time employee and you have
worked at least 52 continuous weeks with the same
employer, you are entitled to:
• 15 weeks of unpaid maternity leave and 37 weeks of
unpaid parental leave
• return to your job or an equivalent job after the maternity
and parental leave
• work your usual number of hours and not be laid off or
forced to resign because of your pregnancy or childbirth.
As a new parent through birth or adoption, you
may qualify for maternity or parental pay under the
Government of Canada’s Employment Insurance program.
For information on Employment Insurance
maternity and parental benefits, including
questions about whether you qualify,
contact Service Canada:
Deaf and hard of hearing persons with TTY
Select Access Employment Insurance Services
Maternity and Parental Leave Under Alberta’s Employment Standards Code
Entitlement
Who Can Claim
How Long
Start Date
Unpaid maternity
Birth mothers
Up to 15 weeks
From 12 weeks before due
date to date of child’s birth.
Unpaid parental leave
• Birth mothers
• Fathers
• Adoptive parents
Up to 37 consecutive
weeks
When maternity leave
is finished.
Can be taken by one of
the parents or shared by
two parents if employers
are notified
Fathers or adoptive parents
can start their parental leave
any time within 52 weeks
after the child is born or
adopted.
18
“What if I haven’t worked for
“When can I return to work after
the same employer for 52
giving birth?”
consecutive weeks and do not
After giving birth, you must take at least six weeks off work
qualify for maternity leave under
unless you have a medical certificate that says returning to
work sooner will not endanger your health.
the Employment Standards Code?
Can my employer fire me because
Becoming a Parent guide
I am pregnant?”
Under human rights law, your employer cannot fire you,
lay you off, reduce your hours of work or make you resign
because of pregnancy or childbirth. This applies even if you
have not worked for the employer for 52 consecutive weeks.
An employer must accommodate the health-related
consequences of pregnancy and childbirth up to the point
of undue hardship. Even if you don’t qualify for maternity or
parental leave under the Employment Standards Code, you
will be able to take sick leave as required—just remember
that you have to give reasonable notice.
For more information about human rights law and
pregnancy in the workplace, contact the Alberta Human
Rights and Citizenship Commission (see Key Contacts and
Resources).
Giving notice about pregnancy or parental leave
When taking maternity or parental leave, you must give your
employer written notice of at least:
• six weeks before taking leave
• four weeks before you plan to return to work
• four weeks if you decide to change the day
you are returning to work.
An employer does not have to allow a worker to return to
work after maternity or parental leave if the worker did not:
• give proper notice
• didn’t report for work the day after the leave ended.
Becoming a Parent in Alberta answers many questions about
maternity, parental leave and Employment Insurance benefits.
Call Employment Standards or visit the website to get your
free copy.
Edmonton: (780) 427-3731
Toll-free: 1-877-427-3731
(780) 427-9999 in Edmonton or 1-800-232-7215
Choose Publications from the left-hand menu.
Sick leave
Although workers are not entitled to paid sick leave under
the Alberta Employment Standards Code, many Alberta
employers do offer paid sick leave, as well as long- and
short-term disability pay.
Employers have a duty under Alberta’s Human Rights,
Citizenship and Multiculturalism Act to accommodate
employees with disabilities. See the section Duty to
accommodate.
Compassionate leave
Workers aren’t entitled to paid or unpaid bereavement or
compassionate leave for such things as attending a funeral
or caring for a dying relative, but some employers do offer
such leaves as part of their benefit plans.
Employment Insurance benefits
The federal Employment Insurance program
provides temporary financial assistance for
unemployed Canadians while they look for work
or upgrade their skills. In addition, Canadians
who are sick, pregnant or caring for a newborn
or adopted child, as well as those who must care
for a family member who is seriously ill with
a significant risk of death, may also be eligible
for Employment Insurance benefits. For more
19
information, contact Service Canada:
units call 1-800-890-6096.
Select Programs and Services
for you, then choose
Employment Insurance.
Layoffs and recalls
from worker
Employers can temporarily lay off workers for up to 59 days
without giving a termination notice. If not recalled within
60 days, workers must receive a termination notice or
termination pay (see the sections Time worked and notice
required and Payment upon termination of employment).
If you do not return to work within seven days of receiving
a written recall notice, you are not entitled to termination
notice or termination pay.
• if stopping work for personal health or safety reasons
• if leaving because of reductions in wage or
overtime rates or in vacation, general holiday
or vacation pay.
Leaving a job permanently
You may voluntarily leave a job permanently to take other
work, to study or for other reasons. Or employers may ask
a worker to leave a job—possibly because of lack of work
or because of something the worker did or did not do.
An employer cannot fire you for discriminatory reasons,
even if they give the appropriate notice. For example, an
employer cannot fire a worker because they are gay or
lesbian, since that would be discrimination based on sexual
orientation.
Time worked and notice required
Usually, when leaving a job, you must give your employer
written notice. Employers must usually give employees
written notice. There are some exceptions. Call
Employment Standards if you have questions.
For both workers and employers, the notice required
depends on how long an employee has worked
continuously for the employer.
Once you have given notice, your employer can’t reduce
your pay or any other conditions of your employment, such
as the overtime rate or vacation pay.
An employer can ask a worker to stop working
immediately or partway through a notice period instead
of giving notice. But in this case, the employer must pay
the worker the amount they would have earned if they had
worked during the notice period.
There are different rules as to when termination
notice is not required:
from employer or worker
• when work is in the construction industry
• when work involves a fixed term or task of less
than 12 months
• when work is seasonal
• when work is casual
• when layoff is temporary (less than 60 days).
from employer
• if worker refuses employer’s offer of reasonable
alternate work
• for temporarily layoff (less than 60 days)
• if work is unavailable because of strike or lockout
• if a worker is terminated for just cause.
Notice required if you are a worker
How Long You Have Worked
How much notice your
employer must be given
3 months or less
No notice needed
More than 3 months but
less than 2 years
1 week’s notice
2 or more years
2 weeks’ notice
Notice required
if you are an employer
How Long
Employee Has Worked
How Much Notice
Employee Must Be Given
3 months or less
No notice needed
More than 3 months
but less than 2 years
1 week’s notice
More than 2 years
2 weeks’ notice
More than 4 years
4 weeks’ notice
More than 6 years
5 weeks’ notice
More than 8 years
6 weeks’ notice
More than 10 years
8 weeks’ notice
20
Just cause
An employer can terminate employment without giving
notice when there is just cause, if it is proven that a
worker has:
• falsified qualifications
• engaged in sexual harassment
• been in a conflict of interest
• a competing interest, for example, setting up
a similar business
• not followed health and safety requirements.
Payment upon termination
of employment
When you leave a job permanently, you are entitled to
receive your final pay within certain time periods.
More detailed information about pay when
a job ends is available from Employment
Standards:
An employer can also terminate without notice
if a worker’s behaviour has involved:
Edmonton: (780) 427-3731
Toll-free: 1-877-427-3731
• disobedience
• theft
• fraud or dishonesty
• insolence (disrespectful behaviour) or insubordination
(refusing to obey instructions).
(780) 427-9999 in Edmonton or 1-800-232-7215
When just cause is used as a reason for firing, employers
must make sure a worker’s human rights are protected.
21
Notice Situation
When Pay is Due
If the employer gives notice or payment instead
of notice
3 consecutive days after last day of work
If no notice is required by the employer
If the worker gives notice
If no notice is required by the worker
If notice is required but not given by the worker
10 days after the date when notice would
have ended if notice had been given
Record of Employment
When you leave a job permanently, your employer should
prepare and give you a Record of Employment that says:
• when you were employed
• what you were paid
• why you stopped work.
The Record of Employment affects whether or not you
receive Employment Insurance payments, including how
much and for how long.
For information about the Record of
Employment, contact Service Canada:
Select A to Z Services Index and choose
Record of Employment
Making complaints—
How long do you have?
Besides helping you find answers about workplace rights
and responsibilities, the agencies mentioned throughout
this book enforce rules, regulations and laws. Employers
or workers who feel they have been treated improperly
can make formal, written complaints or appeals, but these
complaints and appeals must be made within certain
time limits.
Rules prevent an employer from firing you for filing
complaints or helping with an investigation.
Resolving workplace conflicts
Alberta Employment and Immigration’s publication Let’s
Talk: A guide to resolving workplace conflicts contains
useful information about dealing with workplace
disputes and conflicts. You can get a free copy by calling
the Alberta Career Information Hotline (see Key Contacts
and Resources) or by ordering or downloading a copy
from alis.alberta.ca/publications.
Complaint deadlines
Agency
Deadline for Complaint
Worker’s Compensation Board
Within 1 year of decision
Alberta Human Rights and Citizenship Commission
Within 1 year of alleged incident
Employment Standards
6 months after the date of termination
Privacy Commissioner
Alberta’s Personal Information Protection Act
Within 30 days of a decision being appealed
Freedom of Information and Protection
of Privacy Act
Those covered by an Act have 30 days to reply
to an access request.
22
Key Contacts
and Resources
Making the right call—Key workplace contacts
Workers and employers can call the following organizations for clarification or written
information about a variety of topics. You can also call these numbers if you want to find out
about making a formal complaint or appealing a decision. You don’t have to give your name
when calling for information.
For questions about
Contact
Alberta’s Employment Standards
Employment Standards Contact Centre
•
•
•
•
•
•
•
•
•
•
•
•
•
payment of earnings
deductions from earnings
employee statement of earnings
employer records
exempted jobs and industries
general holidays and holiday pay
hiring young people under 18
hours of work and rest
maternity and parental leave
minimum wage
overtime and overtime pay
termination and termination pay
vacations and vacation pay
Human Rights in the Workplace
discrimination based on:
•
•
•
•
•
•
23
age
ancestry
colour
family status
marital status
mental disability
Edmonton: 780-427-3731
Toll-free: 1-877-427-3731
780-427-9999 in Edmonton or 1-800-232-7215
Website: employment.alberta/es
Alberta Human Rights
and Citizenship Commission
Northern Regional Office (north of Red Deer)
800 Standard Life Centre
10405 Jasper Avenue
Edmonton, Alberta T5J 4R7
Confidential Inquiry Line
Phone: 780-427-7661
Fax: 780-427-6013
For questions about
Contact
Human Rights in the Workplace (continued)
Alberta Human Rights
and Citizenship Commission (continued)
•
•
•
•
•
•
physical disability
place of origin
race
religious belief
sexual orientation
source of income
Other topics include:
•
•
•
•
•
•
•
•
•
•
•
appearance and dress codes
duty to accommodate
equal pay for same or similar work
employment advertising
fairness in hiring
fitness testing, including testing for physical
strength, psychological testing, physical and
mental health medical exams, and drug
and alcohol testing
inclusive workplaces
job interviews
leave for pregnancy, childbirth, adoption
respect in the workplace
sexual harassment
Workplace Health and Safety
•
•
•
•
•
•
•
•
•
•
•
•
emergency response and preparedness
exempted employment and industries
firing for reporting
injury and fatality reporting
refusing unsafe work
safety training
safety equipment
unsafe equipment
unsafe workplaces
working alone
workplace violence and harassment
worksite hazards and controls
Southern Regional Office (Red Deer south)
Suite 310, 525–11 Avenue SW
Calgary, Alberta T2R 0C9
Confidential Inquiry Line
Phone: 403-297-6571
Fax: 403-297-6567
Contact the Commission by telephone or regular mail about
specific situations or to make a human rights complaint.
If the job is federally regulated, the Commission will refer
callers to the Canadian Human Rights Commission.
Workplace Health and Safety Contact Centre
Edmonton: 780-415-8690
Toll-free: 1-866-415-8690
780-427-9999 in Edmonton or 1-800-232-7215
24
For questions about
Contact
Workers’ Compensation Board – Alberta
•
•
•
•
•
•
•
•
disability payments
employees, employers and industries covered
and not covered
help returning to work
medical expenses
premiums, including calculation
reporting injuries
records and claims information
subcontractors
Labour Relations
•
•
•
•
•
•
•
forming, joining, changing or removing a union
rights during a strike or a lockout
collective bargaining
union membership and dues
unfair labour practices
arbitration and mediation
fair representation by unions
Personal Information of Employees
•
•
•
•
•
•
defining personal information
collecting, using and disclosing
employee information
employee consent for release of information
gathering information for hiring and recruiting
storing and using employee personal information
accessing or correcting your own
personal information
Edmonton: 780-498-3999
Toll-free: 1-866-WCB-WCB1 (1-866-922-9221)
Deaf or hard of hearing callers with TTY call 780-498-7895.
E-mail (Web form): www.wcb.ab.ca/contact
Website : www.wcb.ab.ca
Alberta Labour Relations Board
Edmonton: 780-427-8547
Website: alrb.gov.ab.ca
The Board does not deal with issues concerning
employment standards legislation.
For Private Sector
(private companies or employers)
Service Alberta
Edmonton: 780-644-7472
Website: pipa.alberta.ca
or
Office of the Information and Privacy Commissioner
Calgary: 403-297-2728
Toll-free: 1-888-878-4044
25
For questions about
Contact
Personal Information of Employees (continued)
For Public Sector
(public agencies such as school boards, hospitals)
Service Alberta,
Edmonton: 780-427-5848
Website: foip.alberta.ca
or
Office of the Information and Privacy Commissioner
Edmonton: 780-422-6860
Toll-free: 1-888-878-4044
Deaf or hard of hearing callers with TTY can reach offices
by dialing 780-427-9999 in Edmonton or 1-800-232-7215 in
other Alberta locations.
26
For questions about
Contact
Employment Insurance
Service Canada
• Record of Employment
• EI deductions
Social Insurance Numbers (SIN)
For questions about Employment Insurance or
Social Insurance Numbers:
• obtaining a Social Insurance Number
• replacing a lost or stolen SIN card
1-800-529-3742 toll-free.
Income Security Programs
For questions about Record of Employment:
• Canada Pension Plan
• Old Age Security
Canada’s Labour Program
•
•
•
•
Canada Labour Code
occupational health and safety
fire prevention
workplace equity
Federal and Provincial Tax Deductions
Human Resources and Social Development Canada
Website: www.labour.gc.ca
Canada Revenue Agency
Employers call 1-800-959-5525 toll-free.
Workers call 1-800-959-8281 toll-free.
1-800-665-0354 toll-free.
Website: cra.gc.ca
27
Alberta Employment
and Immigration
AE&I has print and online resources, contact centres and
a provincewide network of service centres to provide
employers and workers with information on:
• workplace supports
• worker safety
• employment standards
• career and education planning
• transitions
• training programs
• occupational information
• work search information.
For more information on the department’s programs and
services, visit employment.alberta.ca
AE&I career, learning
and employment publications
The department produces publications on topics including
workplace supports, career and education planning,
occupational information, work search and more. The
publications listed below can be ordered by:
Calling the Alberta Career Information Hotline at
1-800-661-3753 toll-free or 780-422-4266 in Edmonton
(available Monday through Friday, 8:15 a.m. to 4:30 p.m.)
Visiting the Alberta Learning Information Service
(ALIS) website at alis.alberta.ca/publications to view,
download or order
Visiting an AE&I service centre. Call the Career
Information Hotline to find the centre nearest you.
The following are just some of the publications
AE&I produces for employers and workers:
• Better Balance, Better Business: Options for
work–life issues
• Employee or Contractor? Know the Difference
• Finders & Keepers: Recruitment and retention strategies
• Labour Market Information for Your Business:
A practical guide
• Let’s Talk: A guide to resolving workplace conflicts
• Safe and Healthy: A guide to managing an aging workforce
• Skills by Design: Strategies for employee development
• X-treme Safety: A survival guide for new and
young workers
Child Support Services
Alberta Child Support Services helps parents with low
incomes arrange court orders and family maintenance.
Phone: 310-0000 toll-free and ask for the child support
services offices in your area.
Deaf or hard of hearing callers with TTY call 780-427-9999
in Edmonton or 1-800-232-7215 toll-free in other Alberta
locations.
Website:employment.alberta.ca/css
Disability Related Employment
Supports (DRES)
DRES provides a variety of supports to persons with
disabilities and employers accommodating the needs of
workers with disabilities.
Phone: 780-644-5135
Toll-free: 1-866-644-5135
Website: employment.alberta.ca/dres
The Employment Standards Contact Centre provides
employers and workers with information and assistance on
minimum rights and responsibilities relating to:
• employer records
• minimum wage
• hours of work and overtime
• general holidays, vacations and pay
• maternity and parental leave
• termination of employment
• employment of adolescents and young people.
Employment Standards publications, including Becoming
a Parent in Alberta, the Temporary Foreign Worker Guide
for Employees and the Temporary Worker Guide for
Employers, are also available online.
Phone: 780-427-3731 (Monday through Friday,
8:15 a.m. to 4:30 p.m.)
Toll-free: 1-877-427-3731
in Edmonton or 1-800-232-7215 toll-free in other Alberta
locations.
28
Health Benefits
Youth Connections
The Alberta Health Benefit program provides support for
health services for eligible parents with low incomes and
their dependant children.
Youth Connections is a free service that helps young
people aged 16 to 24 prepare for learning and work.
Youth Connections provides work exploration activities,
career and labour market information and other services
to help youth explore and achieve their career and
employment goals.
Phone: 780-644-5135
Toll-free: 1-866-644-5135
in Edmonton or 1-800-232-7215 toll-free in other
Alberta locations.
Website:employment.alberta.ca/hb
Call the Career Information Hotline to find the Youth
Connections office nearest you.
Phone: 780-422-4266
Toll-free: 1-800-661-3753
Website: employment.alberta.ca/youthconnections
Workplace Health and Safety
Call or e-mail the Workplace Health and Safety Contact
Centre for information about:
• the Occupational Health and Safety Act, Regulation
and Code
• unsafe work practices and workplaces
• workplace hazards
• health and safety planning.
Edmonton: 780-415-8690 (Monday through Friday,
8:15 a.m. to 4:30 p.m.)
Toll-free: 1-866-415-8690
Work Safe Alberta
Work Safe Alberta is an information sharing network of
Alberta safety associations, industry organizations, labour
groups and government. Access the website for:
• e-learning tools, training videos and courses
• directory of health and safety consultants
• best practices and mentorship programs.
Website: worksafely.org
Other government of
Alberta resources
Government Programs and Services
For more information about Alberta government
programs and services:
Phone: 780-427-2711
Toll-free: 310-0000
Phone lines are open Monday to Friday from 8 a.m.
to 6 p.m. Voice mail is available after hours.
Website: programs.gov.ab.ca
Government of Canada resources
Service Canada
For information about federal government programs and
services, or to be directed to a Canadian government office:
Phone: 1-800-O-Canada (1-800-622-6232)
1-800-465-7735 toll-free.
Assistance is available Monday to Friday from
8 a.m. to 8 p.m.
29
Workplace Rights
and Responsibilities
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For Questions About
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Catalogue
# 567274
• minimum wage
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Phone: 780-427-3731
To order your free copy, visit
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For Questions About
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Notes
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If you are new to the
workplace or an employer
who wants guidance on
workplace legislation, this
publication can help.
A Guide to Rights and Responsibilities in Alberta
Workplaces can answer your questions about
the employment rules workers and employers
must follow. You’ll find easy-to-read explanations
of legislation relating to employment standards,
health and safety, human rights and workers’
compensation, as well as a list of key contacts.
33

A Guide to Rights and Responsibilities in Alberta Workplaces

Transcription

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