The information below is not intended as legal advice. The Alberta Federation of Labour is a non-governmental umbrella organization of unions. For questions visit the Alberta Employment Standards website or call the province-wide Employment Standards number toll-free by dialing 310-0000, then dialing (780) 427-3731.
Workers in Alberta have rights at work that are protected by law. This section is intended to empower workers to know and demand their rights, and to give them the tools to exercise the rights they have as workers.
These standards are the minimum required by law, and you as an employee cannot sign them away. The Employment Standards Code states clearly:
An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void.
The information contained below applies to almost all workers in Alberta, but is intended primarily for workers who do not belong to unions. Unionized workers should check their collective agreement or talk to their shop steward or union representative to find out what their rights at work are. Most collective agreements give the workers rights that go beyond the minimum level set by law.
The information below is not intended as legal advice. The Alberta Federation of Labour is a non-governmental umbrella organization of unions.
If you work in a unionized environment. you should approach your union with any questions or concerns first. If further information is required, the Alberta Labour Relations Board can be contacted at http://www.alrb.gov.ab.ca/. 1-800-463-2572.
If you work in a non-unionized work environment. you can contact Alberta Employment Standards . They can be reached at 780-427-3731 or 1-877-427-3731 between 8:15 a.m. - 4:30 p.m. Monday – Friday to have your questions answered, or you can can place your inquiry onlinehere . Do you need to make a complaint? The step-by-step process on how to file a complaint can be found here .
Minimum wage for most workers in Alberta is $10.20 an hour. Workers who serve alcohol on a frequent basis in a licensed venue may be paid $9.20 per hour. You cannot be paid less than this, even if you receive tips or some other kind of bonus.”
Sadly, yes. Employers are allowed to deduct wages or charge you for a uniform at work, but they must get your permission in writing to do so.
Employers are not allowed to deduct wages for the cost of, laundering or repairing uniforms if it means your salary will drop below minimum wage.
No. Any time you are required to be at work the employer has to pay you.
For every five hours of work, you are entitled to 30 minutes of rest. It can be paid or unpaid, and can be broken up into 10 minute blocks, 15 minute blocks, or taken all together. It's up to the employer.
No. Employment Standards say that employers cannot deduct for cash shortages or loss of property if an individual other than the employee has access to the cash or property.
This also means that an employer cannot have you contribute to a 'dine and dash' fund to cover for shortages.
If, however, you are the only person with access to a cash register and there is money missing, the employer can deduct it from your pay.
You can be sent home early from work, but an employer cannot pay you for less than 3 hours of work, no matter how long you worked before being sent home.
For example, if you are scheduled to work an 8 hour shift and get sent home after 1 hour because it is a slow day, you are still entitled to receive pay for 3 hours of work.
No. Any training that is hands-on, such as serving customers or operating machinery has to be paid at the regular level.
However, if the training is classroom training where no work is done then the employer does not have to pay you.
You are entitled to overtime pay if you work more than 8 hours in a day or 44 hours in a week. Overtime pay must be at least 1.5 times your regular rate of pay for the overtime.
Unfortunately, employers can fire you at any time for almost any reason, or for no good reason at all. The only law is that they must give you notice. How much notice you're entitled to depends on how long you've been there:
- 0-3 months: no notice
- 3 months-2 years: 1 week notice
- 2 years-4 years: 2 weeks notice
- 4 years-6 years: 4 weeks notice
- 6 years-8 years: 5 weeks notice
- 8 years-10 years: 6 weeks notice
- 10 + years: 8 weeks notice
The employer can also 'pay you out' instead of giving you notice by paying the salary you would have earned over the notice period.
Notice is not required if you are fired for 'just cause' such as if you are caught stealing or if you were hired for a term position that has ended.
No. Employers cannot require you to change from one shift to another unless they have given you 24 hours' notice.
Almost all employees in Alberta fall under the jurisdiction of provincial labour standards. Only about 10 per cent of workers are covered under federal employment laws, including those people who work directly for the federal government or work in:
- Most federal Crown Corporations and federal Special Operating Agencies and private businesses necessary for the operation of a federal Act;
- Interprovincial trucking;
- Interprovincial shipping, ports, canals, tunnels and bridges;
- Air transportation, including airlines, airports and aerodromes;
- Telephone, telegraph and cable systems;
- Radio and television broadcasting (including cablevision);
- 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.
Almost all other employees are covered by provincial labour legislation, but there are exceptions depending on particular sections of the act, which affect:
- employees on a farm or a ranch;
- various types of salespersons;
- professionals such as real estate brokers, and licensed insurance and securities salespersons;
- professions such as architects, engineers, lawyers, psychologists and information systems professionals;
- managers, supervisors and those employed in a confidential capacity
- licensed land agents;
- instructors or counsellors at a non-profit educational or recreational camp;
- extras in a film or video production;
- employees covered by other Acts (e.g. academic staff);
- municipal police officers.
The minimum wage is one of the basic labour standards in Canada. It sets the lowest wage rate that an employer can pay employees law to perform their work. With only a few exceptions, an employer cannot pay less than the minimum wage in Alberta.
General minimum wage is $9.75. On September 1, 2013 the minimum wage will go up by 2.1 per cent to $9.95 – still the lowest in Canada.
Liquor servers can be paid as little as $9.05. the stated policy of the government is that the liquor-server wage will be frozen until there’s a $1 per hour difference; it will then go up in sync with the general minimum wage.
For some salespeople and professionals, the minimum wage is $389 per week. This includes:
- employees of direct sellers who are 16 years and older;
- salespersons working mainly away from the employer's premises who solicits orders for later delivery;
- an automobile, truck, recreational vehicle or bus salesperson;
- manufactured home salespersons;
- farm machinery salespersons;
- heavy duty construction equipment salesperson;
- residential home salesperson employed by a person who builds those homes;
- licensed land agents;
- professions such as architects, engineers, lawyers, psychologists and information systems professionals.
A domestic employee who lives, or lives primarily, in the employer's home is entitled to wages of at least $1,854 per month. Domestic employees who do not live at the employers' residence are entitled to at least $9.75 an hour.
The Alberta minimum wage laws cover all employees in the province except:
- municipal police officers covered under the Police Act;
- farm or ranch employee whose work involves the production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, game-production animals, poultry or bees or other primary agricultural operation.
There is no separate youth or student minimum wage.
Employers are generally not allowed to deduct from the earnings of an employee, except for things like taxes, Canada Pension Plan, Employment Insurance.
An employer is allowed to deduct from the earnings of an employee a sum of money that is:
- permitted or required to be deducted by an enactment or a judgment or order of a court;
- authorized to be deducted by a collective agreement that is binding on the employee; or
- personally authorized in writing by the employee to be deducted.
Under no circumstances, including the reasons listed above, can an employer deduct from earnings for:
- faulty workmanship;
- cash shortages or loss of property unless the employee is the only person who had access to the cash or property.
If you are scheduled to work and come to work, an employer cannot pay you for less than 3 hours of work.
For example, if you are scheduled to work an 8 hour shift and get sent home after 1 hour because it is a slow day, you are still entitled to pay for 3 hours of work.
Unsafe work is work that involves an "imminent danger," which can be:
- a danger that isn't normal for that type of work, or
- a danger under which a worker in that type of work would not normally do the work.
Workers in Alberta can refuse work which they believe puts them in imminent danger, or puts another worker at the workplace in imminent danger. The provincial government's Occupational Health and Safety Act explains this.
Domestic workers, such as nannies and housekeepers, and certain agricultural workers can't refuse unsafe work, because these workers aren't covered by the Occupational Health and Safety Act.
Workers who refuse unsafe work cannot be fired or disciplined as a result, but employers often do punish workers who report unsafe work. Workers who report unsafe works are still entitled to receive pay, but they may be assigned to do other work while the problem is being corrected.
The Occupational Health
and Safety Act states that once they have been notified of unsafe work, they are obligated to ensure no other worker is assigned to perform the work unless:
- the worker to be assigned is not exposed to imminent danger,
- the imminent danger has been eliminated.
The procedure to refuse unsafe work
(a)Reporting and remaining on site for the supervisor's investigation
The worker should report immediately to both the supervisor and the worker health and safety representative (if there is one) the refusal to work and the related safety concern. You should remaining on site for the shift, while taking every measure to report the refusal. This may minimize complications later in the process.
After being told about the refusal, the supervisor investigates the work, fixes it, and gives a report to the worker of what was found, and the repairs that were made.
(b) Health and safety officer's investigation
After receiving the supervisor's report, a worker who believes the work is still unsafe can file a complaint with Workplace Health and Safety at 1-866-415-8690. Workers who are deaf or have a hearing impairment can call 780-427-9999 in Edmonton, or 1-800-232-7215 from elsewhere in the province.
The worker health and safety representative should be told about the disagreement, too.
An occupational health and safety officer from Workplace Health and Safety investigates the work, makes a decision, and gives the decision in writing to the worker and the supervisor. It is expected that the supervisor has the work fixed if the officer's decision requires it, and the worker returns to work if the officer decides that the work is not unsafe.
A worker disagreeing with the officer's decision can request the Occupational Health and Safety Council to conduct a review .
Workers have the right to know about hazards and possible hazards in the workplace. Hazards can be anything from toxic chemicals in cleaning products for janitors to harassment and violent crime for retail workers. Poor lighting in offices, cold weather for workers working outside, and tools and machines in construction work are also examples of hazards in the workplace. Knowing about hazards and training to avoid hazards let workers work more safely.
Workers get to know about workplace hazards when provincial health and safety law states that employers have to tell workers about a specific hazard. Similarly, employers instruct workers in the proper way of doing work when provincial health and safety law states that the employer has to give such instruction.
Employers have to tell workers about certain hazardous materials they may need to work with. These products are classified, or defined, under the Workplace Hazardous Material Information System (WHMIS).
Compressed gas, flammable and combustible materials, oxidizing materials, poisonous and infectious materials, corrosive materials and dangerously reactive materials each come with a Material Safety Data Sheet (MSDS), which employers make available to workers. These hazardous materials, classified under WHMIS, are stored in containers with a WHMIS warning label.
Together, the WHMIS warning label and the MSDS state
- what the hazardous material is,
- how it is hazardous to humans,
- how to work safety with it, and
- what to do in an emergency.
The MSDS gives information in greater detail than the WHMIS warning label on the container.
Employers have to give workers training in:
- reading WHMIS labels so to be able to identify hazardous materials in the workplace and understand the hazardous effects of these materials,
- getting ahold of the MSDS and reading the data sheet,
- safely using hazardous materials in the workplace,
- storing and disposing of hazardous materials,
- knowing what to do if there's a spill, release, fire or poisoning involving a hazardous material, and
- using protective equipment in emergencies.
Other Workplace Hazards
There are other workplace hazards which workers have the right to know about, including:
- Safety hazards, which are present in work with machines and equipment, like chainsaws, forklift trucks, ladders and wood working machines.
- Biological hazards which include HIV-AIDS, Hepatitis A, B and C, and rabies, which are present in work with humans who are ill, animals, birds and insects.
- Physical hazards such as cold, humidity, heat, noise and vibration.
- Ergonomic hazards which can cause injuries like carpal tunnel syndrome or tennis elbow, and are found in work that uses hand tools, involves pushing and pulling, lifting, shoveling, working while seated and working while standing.
- Stress and violence in the workplace result from bullying, threatening behaviour, verbal threats, harassment and verbal abuse.
Under health and safety laws in Alberta, employers have to tell workers about specific work related hazards. As an example, employers have to tell workers who work alone, including taxi drivers, retail and food outlet workers, home care workers, workers in the logging, gas and oil industries, truck drivers, business people in transit, security guards and custodians, about the hazards of their work.
By knowing about workplace hazards, workers can make sure employers make the work safer, provide protection to workers, and give training so that workers can work with the smallest possibility of injury or illness.
Besides classified hazardous materials training, training is required for workers in certain workplaces and for workers doing certain types of work. Training is necessary for avoiding injury and illness. In Alberta, some examples of worker health and safety training required by law are training for workers whose work might involve:
- delivering first aid,
- asbestos removal,
- working with explosives, and
- emergency mine rescue at surface mines.
With certain types of work, the employer has to have workers instructed in the proper way of working.
If you are injured at work, or are sick with a disease caused by your work, you might qualify for workers' compensation benefits. In Alberta, workers' compensation is administered by the Workers Compensation Board (WCB). It is the WCB that decides whether you qualify for compensation and what you get compensation for.
The WCB may cover:
- Health care benefits - WCB might pay the bills for prescriptions, counselling, chiropractic appointments, dental costs, and other health care costs, like the cost of braces, crutches, and hearing aids.
- Wage replacement benefits - When an injury or illness keeps a worker from going to work, WCB might pay the worker 90% of her or his wages in wage replacement benefits. Wage replacement benefits are paid also to a worker who goes to work, but doesn't earn as much as she or he used to earn because the work is different, or because the hours are fewer.
- Fatality benefits - When a worker dies from an occupational disease or an injury caused by work, the worker's dependents receive compensation from WCB.
If you are injured at work, you should get first aid and immediately report the injury to the supervisor. Next, you should see a doctor, letting the doctor know that the injury is a work injury. At workplaces without first aid, or if an injury requires it, you should immediately see a doctor of your choice. The employer organizes and pays for the travel cost to the doctor's office or hospital emergency.
When the injured worker meets with the doctor, the worker should tell the doctor how the injury is work related. By giving a detailed account of the incident, the worker can give the doctor all the facts needed to complete the medical report for WCB.
To fully describe the injury, the worker should tell the doctor not only about the main injury, but about minor ones, too. A work injury sometimes can lead to a second injury.
After an accident, an injury may not be obvious at first, as some injuries and occupational illnesses develop over time. A worker's notes on her of his minor work injuries, illnesses and accidents can be used to trace later how work may have caused or played a significant part in a more serious injury or illness.
After a work accident, whether or not you are injured or miss time from work, you should always report the accident to the employer. Within 72 hours of the accident, the employer may have to tell WCB about it.
Compensation may be paid by WCB to a worker who:
- gets medical treatment
- takes time off work beyond the day of the injury
- does different or less work because of the accident or injury
If, because of your illness or injury, you:
- need medical treatment
- are off work beyond the day of your accident
- have to perform different or fewer work duties
- have a permanent injury (amputation, hearing loss, etc.)
You must complete a Worker's Report of Injury or Occupational Disease form and send it to the WCB as soon as possible. Any other information such as a list of witnesses is also useful; please include this information with your Worker's Report of Injury form. Remember to include your name, Social Insurance Number, date of birth, and your employer's name.
Questions on completing the Worker's Report of Injury or Occupational Disease can be answered by WCB. Call toll-free anywhere in Alberta 1-866- WCB-WCB1 (1-866-922-9221)
The WCB Policy and Information Manual explains workers' compensation in greater detail. A worker can have another person, like a friend, co worker, or family member fill in the Worker's Report of Injury or Occupational Disease with the worker.
After sending in the report, a worker can contact the WCB to learn whether or not she or he will get compensation.
While you are off from work because of a work injury or illness
If you disagree with the decision of the WCB, you can appeal the decision and ask the WCB to change its decision or parts of its decision concerning whether or not you receive benefits, the type of benefits you receive, and the amount and length of time you receive benefits.
There are many steps to questioning a decision. The Appeals Commission can work with you on appealing a WCB decision, and the services provided by Appeals advisors are free of charge.
A worker appealing a WCB decision can get a copy of her or his WCB file by calling the Access to Information unit at WCB.
For more information regarding the WCB, contact them at:
Workers' Compensation Board of Alberta
P.O. Box 2415
Edmonton AB T5J 2S5
Toll free in Alberta: 1-866-922-9221
Claims toll free fax: 1-800-661-1993 (in Alberta)