Know your Labour Rights in Alberta

This is not a legal document. For the purposes of interpretation and application of the law the Department of Labour should be consulted.

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As a worker you have rights within the province of Alberta. These rights determine the hours of work, how much you get paid, your hours of work, which holidays you get paid for, termination pay, etc. This web page has been prepared by the Alberta Federation of Labour as part of a campaign to make younger workers aware of their rights in the workplace. Information contained herein comes directly from Alberta Labour. Please note items identified with an asterisk (*) have some exceptions that might apply.

Minimum Wage
How much does the employer have to pay me?

The general minimum wage is: $5.90 per hour
(general minimum wage rates do not apply to the disabled)

The separate minimum wage for students was eliminated on October 1, 1998.

Employees, including students under the age of 18, are entitled to not less than 3 hours at the minimum wage if they are employed for less than 3 hours and they are available to work for the full three hours.*

Hours of Work
A full time work week is defined as 44 hours per week. Hours of work must be confined to 8 hours within a 12 hour period.

Part-time hours of work are also confined to a twelve hour period. Technically, an employer must provide at least one day of rest in each week. However, employers are entitled to require an employee to work up to 24 consecutive days and then schedule four rest days.

Employees must receive a ½ hour rest period, paid or unpaid, during each shift in excess of 5 consecutive hours of work.*

Overtime
Is all hours worked in excess of 8 hours in a day or 44 hours in one week (which ever is greater). It can be paid out at 1.5 times the wage or taken in lieu at time for time. An overtime agreement with the employer can vary the foregoing.

Paid Public Holidays
In Alberta, the following are general holidays:

New Year’s Day
Alberta Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day

Employees who have worked for an employer 30 days in the 12-month period before the holiday are entitled to general holidays and general holiday pay.

Employees who work on a paid holiday must be compensated in the following manner:

1. 2.5 times the regular rate of pay
   or
2. Regular rate of pay and a paid day off.

Employees on a regular day off who are required to work on the holiday receive 1.5 times the regular rate of pay for all hours worked.

Payment of Wages
Employees must be paid not later than 10 days after the end of each pay period.

No deduction can be made from an employee’s earnings for:

1. Faulty workmanship
   or
2. Cash shortages or loss of property if anyone other than the employee had access to the cash or property.

Vacation and Vacation Pay
Employees are entitled to a minimum of 2 weeks of paid vacation after 1 year of employment (4% of earnings).

Employees are entitled to 3 weeks of paid vacation pay after 5 years of employment with an employer (6% of earnings).

Employment of Adolescents and Young Persons
Adolescents are persons 12 years to 14 years of age. The parent or guardian of an adolescent must agree to the employment and provide written consent to the employer. Adolescents can only work 2 hours on a school day and the maximum of 8 hours on a non-school day. This restriction no longer applies when the individual reaches the age of fifteen. At the age of fifteen, an individual is recognized as a young person. Certain employment restrictions apply until the young person reaches the age of eighteen.

 Adolescents and young persons cannot work between the hours of 9:00 PM and 6:00 AM. During those hours, individuals under the age of eighteen can not work at or in any retail store, selling food, beverages or other merchandise; a retail business selling gasoline or other petroleum products; a motel, hotel, inn, etc. Employment is permitted on such premises between 9:00 PM and midnight if the employee works with and is in the continuous presence of at least one other individual 18 years or older.

Termination
Employees should provide one to two weeks notice to resign. However, there is no penalty for not giving notice. Employers are responsible for giving the same amount of notice to employees in the event of a workforce reduction. If unemployed due to work place reduction, an employee is considered to be an employee on layoff for a period of 59 days. On the 60^th day, employment is deemed to be terminated. In some instances the employer may owe termination pay to the employee.*

Depending on the number of years of employment, the employer must provide one week or more notice (or pay in lieu of notice). If an employee is fired without cause after three months of employment, the employer must provide one week or more notice or pay in lieu of notice. This does not apply to all types of employment.*

Complaints
Alberta Labour is responsible for enforcing the laws covering the minimum employment standards in Alberta.

If you wish to make an inquiry or lodge a complaint regarding a workplace issue, call toll-free to the province-wide information line 310-0000 and dial 427-3731.

Typical types of complaints that relate to the Employment Standards Code are:

• Improper pay
• Hours of works
• Wrongful dismissal
• Pay deductions
• No vacation/wrong payment
• Incorrect rate of pay
• Failure to pay

Information to have on hand when making a complaint:

• Pay cheque stubs
• Records of days and hours worked
• Employee identification number
• Your address and phone number
• Correspondence from the employer
• Employer address and phone number

The Employment Standards Code
 Establishes minimum standards for all workers in this province. If you feel that the minimum standards do not meet your expectations, voice your concerns. Contact the MLA office in your area and let them know what you think. Remember, if you are eighteen you have the right to vote for a representative who will represent your needs.

If you choose to forward your concerns to the Minister of Human Resources and Employment, the telephone number to call is (780) 415-4800.

Written complaints are also an effective method of communication, particularly if you request a written response.

If you are a unionized worker, you are probably entitled to a higher salary and better benefits than those provided by the Employment Standards Code. You should check your collective agreement or talk to a shop steward.