Employment Standards - Alberta

1 Employment STANDARDSTOOL KIT FOR EMPLOYERSE ffective January 1, 2018 2 Employment Standards TOOLKIT FOR EMPLOYERS 2017, Government of Alberta , Alberta LabourThis 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 Labour. This publication is not for resale unless licensed with Government of Alberta , Alberta Labour.

2 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 of Alberta , Alberta Labour 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 publication is also available online under Education and resources at: or call the Employment Standards Contact Centre at 1-877-427-3731 to order a 978-1-4601-3664-5 (Print)ISBN 978-1-4601-3665-2 (PDF) ES000612/2017 Disclaimer: Information in this publication was accurate, to the best of our knowledge, at the time of printing.

3 However, legislation, websites and programs are subject to change. The material in this publication is intended for informational purposes only and is not intended to be used as a source of legal 4 Section 1: Employment Standards overview 5 Section 2: Payment of earnings 9 Section 3: Hours of work and rest 15 Section 4: Overtime hours and overtime pay 23 Section 5: General holidays and general holiday pay 29 Section 6: Vacations and vacation pay 34 Section 7: Job-protected leaves 38 Section 8.

4 Termination of Employment 50 Section 9: Youth Employment 58 Section 10: Complaint resolution process 63 Additional resources 68 Glossary 98 Table of Contents4 IntroductionThis tool kit was developed by the Government of Alberta to help business owners and their employees understand and comply with the Employment Standards Code and the Code is your responsibility and this tool kit is designed to help you do laws for Employment Standards are minimum requirements.

5 Some tools, forms and a list of resources are provided to assist business owners in meeting or exceeding the minimum requirements. You may use the sample tools provided, or you may develop your all requirements under the Employment Standards Code and Regulation are discussed in this is not a definitive guide to the legislation and does not exempt readers from their responsibilities under applicable case of inconsistency between this resource and the Employment Standards legislation, the legislation will always of legislationIn Alberta , the requirements for Employment Standards are outlined in the Employment Standards Code and Regulation.

6 These documents are available for viewing or downloading on the Employment Standards website at: printed copies may be purchased from the Alberta Queen s Printer online at or in person at:7th floor, Park Plaza10611-98 AvenueEdmonton, Alberta T5K 2P7 Phone: 780-427-4952 Other legislation that may apply to you includes:Canada Labour Code: Labour Relations Code: Occupational Health and Safety Act, Code and Regulation: Alberta Human Rights Legislation: Workers Compensation Board: Employment Standards websiteFurther information on Alberta s Employment Standards can be found online at: website provides detailed information on the rights and obligations of employers and employees under the Code, as well as information for specific groups, occupations and website also provides access to other resources including an interactive self-assessment tool for employers, webinars, interactive videos, work-site posters and any Government of Alberta office toll-free.

7 Dial 310-0000, then the area code and telephone number you want to Standards TOOL KIT FOR EMPLOYERSS ection OverviewThis section will provide you with an overview to the Employment Standards Code, who is covered, the core Standards and your basic responsibilities as an employer in 1: Employment Standards overviewThe Employment Standards Code 6 Who is covered by the Code 6 Who is not covered by the Code 7 Employees covered by other acts 7 Enforcing Alberta s Employment Standards 8 Telephone services 8 Online services 8 Educational programs 8 Investigations and compliance initiatives 8 Contact 8 Call us 8 Employment Standards website 8 Employment Standards office locations 85

8 Employment Standards TOOL KIT FOR EMPLOYERSThe Employment Standards CodeThe Employment Standards Code (Code) is a provincial law describing the minimum Standards that must be provided to employees working in Alberta . The Code includes the following: Minimum wage Hours of work Overtime and overtime pay General holidays and general holiday pay Vacations and vacation pay Unpaid, job-protected leaves Termination of Employment Restrictions on the Employment of employees younger than 18 Payment of earnings and Employment recordsThe Regulation sets out exceptions to exemptions from the Code for certain employees and modifies the rules relating to hours of work, overtime and other Standards for certain industries.

9 The Regulation also provides special rules for the Employment of youth, and sets out the minimum wage. To see the Employment Standards Code and Regulation visit things employers need to know about Employment Standards1 Minimum Standards cannot be avoided This means the Code has a rule that prevents people from opting out of the core Standards , either directly or Greater benefits There are cases when employers and employees agree to benefits that are greater than what is provided by the Code. These agreements are enforceable under the Employment Standards Employment deemed continuous When a business changes ownership and the employees continue to work for that business, the Code considers the employees Employment to be guarantees that entitlements provided by the Code (such as general holiday pay, vacation pay, termination notice, and job-protected leaves), which have been earned by the employees through length of service, are not lost due to the change of.

10 This rule also applies when a company is placed in receivership and when the receiver sells the company to a new : ES Code, Part 1 Who is covered by the Code?With few exceptions, the Code applies to all employees and employers in Alberta . Most employees have full coverage of earnings under the Code, whether they are considered full-time, part-time, casual, temporary, pieceworkers, commissioned, students or 1: Employment Standards overview6 Employment Standards TOOL KIT FOR the Code, an employee must get an annual vacation of at least two weeks after one year of Employment .