Employment Standards Toolkit

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Employment Standards

Tool Kit or Employers


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2013, Government o Alberta, Alberta Human Services

This material may be used, reproduced, stored or transmitted or non-commercial purposes. However, Crowncopyright is to be acknowledged. It is not to be used, reproduced, stored or transmitted or commercial purposeswithout written permission rom the Government o Alberta, Alberta Human Services. This publication is not orresale unless licensed with Government o Alberta, Alberta Human Services. Every reasonable eort has beenmade to identiy the owners o copyright material reproduced in this publication and to comply with Canadiancopyright law. The publisher would welcome any inormation regarding errors or omissions.

Government o Alberta, Alberta Human Services publications may contain or reerence publications, trademark,patent or copyright held by third parties (third party material), identied with a credit to the source. This doesnot grant the user a licence or right to that third party material. Users who wish to reproduce any third partymaterial in this publication should seek permission rom that third party.

ISBN 978-0-7785-9411-6

This publication is also available online at: www.humanservices.alberta.ca/espublications orcall the Employment Standards Contact Centre at 1-877-427-3731 to order a copy.

03/2013 10M

Disclaimer

Inormation in this publication was accurate, to the best o our knowledge, at the time oprinting. However, legislation, websites and programs are subject to change. The material inthis publication is intended or inormational purposes only and is not intended to be used asa source o legal advice.

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Table o Contents

Introduction 4

Section 1: Employment Standards Overview 5

Section 2: Employment Records and Statement o Earnings 9

Section 3: Hours o Work and Rest 15

Section 4: Overtime and Overtime Pay 21

Section 5: General Holidays and General Holiday Pay 28

Section 6: Vacation and Vacation Pay 34

Section 7: Maternity, Parental and Reservist Leave 38

Section 8: Termination o Employment 44

Section 9: Adolescents and Young Persons 53

Section 10: The Employment Standards Process 57

Additional Resources 65

Glossary 91


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4

Introduction

This tool kit was developed by the Government o Alberta to help business owners and theiremployees understand and comply with the Employment Standards Code and Regulation.

Following the Code is your responsibility and this tool kit is designed to help you do that.

The laws or Employment Standards are minimum requirements. Some tools, orms and a listo resources are provided to assist business owners in meeting or exceeding their minimumrequirements. You may use the sample tools provided, or you may develop your own.

Not all requirements under the Employment Standards Code and Regulation are discussedin this resource.

This is not a denitive guide to the legislation and does not exempt readers rom theirresponsibilities under applicable legislation.

In case o inconsistency between this resource and the Employment Standards legislation,the legislation will always prevail.

Availability o legislation

In Alberta, the requirements or Employment Standards are outlined in the EmploymentStandards Code and Regulation. These documents are available or viewing or downloadingon the Alberta Human Services (HS), Employment Standards website at:www.hirestandards.alberta.ca.

Ocial printed copies may be purchased rom the Alberta Queens Printer online at:www.qp.alberta.ca or in person at:

5th foor, Park Plaza10611-98 AvenueEdmonton, Alberta T5K 2P7Phone: 780-427-4952

Call any Government o Alberta oce toll-ree:dial 310-0000, then the area code and telephonenumber you want to reach.

Other legislation that may apply to you includes:

Alberta Human Rights Legislation: www.albertahumanrights.ab.ca

Canada Labour Code: www.laws.justice.gc.ca/eng/acts/L-2

Occupational Health and Saety Act, Code and Regulation: www.worksae.alberta.ca

Workers Compensation Board: www.wcb.ab.ca/home

Labour Relations Code: www.alrb.gov.ab.ca/legislation.html

Employment Standards act sheetsEmployment Standards act sheets are available online at:www.humanservices.alberta.ca/esactsheets.

These act sheets provide detailed inormation on the rights and obligations o employersand employees under the Code, as well as inormation or specic groups, occupationsand industries.

Fact sheets can be used together with the Employment Standards Tool Kit or Employers tohelp employers understand and comply with Employment Standards legislation.


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Section 1: Employment Standards Overview

Section Overview

This section will provide you with an overview o the EmploymentStandards Code, who is covered, the core standards and yourbasic responsibilities as an employer in Alberta.

The Employment Standards Code 6

Who is covered by the Code? 6

Who is not covered by the Code? 7

Enorcing Albertas 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 oce locations 8


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Example Under the Code, an employee must get an annual vacation o at least two weeksater one year o employment. I the employer agrees to provide more than twoweeks o vacation, that agreement becomes a greater benet that will be enorced.

The Employment Standards Code

The Employment Standards Code (Code) is a provincial law describing the minimum standardsthat must be provided to employees working in Alberta. The Code includes the ollowing:

Who is covered by the Code?

With ew exceptions, the Code applies to all employees and employers in Alberta. Mostemployees have ull coverage o earnings under the Code, whether they are considered ull-time, part-time, casual, pieceworkers, commissioned, students or salaried.

Minimum wage Hours o work

Overtime and overtime pay

General holidays and general holiday pay

Vacations and vacation pay

Maternity, parental and reservist leave Termination o employment

Restrictions on the employment o employeesyounger than 18

Payment o earnings and employment records

The Regulation sets out exemptions rom the Code or certain employees and modies therules relating to hours o work, overtime and other standards or certain industries. TheRegulation also provides special rules or the employment o adolescents and young persons,and sets out the minimum wage. To see the Employment Standards Code and Regulation visitwww.humanservices.alberta.ca/escode.

Three things employers need to know about Employment Standards

1. Minimum standards cannot be avoided

This means the Code has a rule that prevents people rom opting out o the core standards,either directly or indirectly.

2. Greater benets

There are cases when employers and employees agree to benefts that are greater than whatis provided by the Code. These agreements are enorceable under the EmploymentStandards legislation.

3. Employment deemed continuous

When a business changes ownership and the employees continue to work or that business,the Code considers the employees employment to be continuous.

This guarantees that entitlements provided by the Code (such as general holiday pay, vacationpay, termination notice, and maternity, parental and reservist leave), which have been earnedby the employees through length o service, are not lost due to the change o ownership.

Note: This rule also applies when a company is placed in receivership and when the receiversells the company to a new owner.

Reerence: ES Code, Part 1


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Inormation

Who is not covered by the Code?

There are several groups o workers who all outside o the Codes jurisdiction:

Employees who work out o the province, inter-provincially or internationally

I an employee works in another province or country, that provinces or countrys labour lawsmay apply.

Employees who all under ederal jurisdiction

Employees who work in the ollowing industries all under ederal jurisdiction and are coveredby the Canada Labour Code:

Airports and air transportation

Inter-provincial transportation

Chartered banks

Broadcasting and telecommunications

Railways Postal service

Grain elevators

Shipping and navigation

Canal, erries, tunnels and bridges

Inter-provincial/international pipelines

First Nations (any work completed on aReserve or the Band)

Uranium mining and atomic energy

Employees covered by other Acts

Coverage under the Code excludes employers and employees who are covered by other morespecic legislation. This exclusion applies to the entire Code except or maternity andparental benets.

Examples include: members o a municipal police service covered by the Police Act, oracademic sta covered by the Universities Act.

Collective agreementsSome employees choose to have union representation and bargain collectively or the termsand conditions o their employment. The collective agreement is binding, so long as itprovides or the minimum standards stipulated by the Code.

Sel-employed workers/contractors

Under the Code, an employer is a person who employs an employee. The defnition includesormer employers. An employee is dened as an individual employed to do work whoreceives or is entitled to wages. The denition includes ormer employees.

The Code applies only to employees and employers. Sel-employed workers are not coveredby the Code, unless they are also employers, in which case the Code will protect the

employees that they hire.

For guidelines on determining i an individual is an employee or contractor, look or Employeeor contractor: How to know the dierence in the Additional Resources section.

Remember! When working outside Alberta or an Alberta employer, the applicationo Alberta's legislation will depend on the circumstances and the nature o theemployment contract.


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Section 2: Employment Records & Statement of Earnings

Must include Employment records checklist

Name, address and date o birth

Wage rate and overtime rate

Regular and overtime hours o work

Earnings paid showing each component o the earnings separately or

each pay periodDeductions rom earnings and the reason or each deduction

Time o instead o overtime pay provided and taken

The date that the present period o employment started

The date on which a general holiday is taken

Each annual vacation, showing the date it started and fnished and theperiod o employment in which the annual vacation was earned

The wage and overtime rates when employment starts, the date o anychange to those rates, and particulars o every change to them

Copies o documentation notices relating to maternity, parental andreservist leave benets

Copies o termination notices and o written requests to employees toreturn to work ater temporary lay-o

Reerence: ES Code, Section 14

The ollowing records must be kept or each employee:

Under the Code employers are responsible or:

Keeping accurate employment records; and

Providing employees with a statement o earnings (pay stub).

Example A pay record that was created in December 2010 must be kept until December 2013.

Employment records

The Code requires employers to keep accurate and current employment records or each otheir employees.

An employer must keep records or at least three years rom the date each record is made.



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Section 3: Hours of Work and Res

Section Overview

This section is about the maximum allowable hours o work ina day, mandatory rest periods and clarication on what isconsidered hours o work.

Hours o work in a day 16

Notice o work times 16

Shit changes 16

Rest periods 17

Weekly rest days 17

Defning hours o work 18

Travel time 18

Standby time (on call) 18

Minimum hours o work 18

Training 19

Compressed work week 19

Permits or extended hours o work 20

Rationale or permit approval o extended hours 20

Applying or a permit to extend hours o work 20

Permits or extended days o work 20

Rationale or permit approval o extended days o work 20

Applying or a permit to extend days o work 20


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Section 4: Overtime and Overtime Pay

Inormation

Calculating overtime or salaried employees

Calculating overtime hours or salaried employees is no dierent than employees paid hourly.

Salary is payment only or the regular hours o work. Overtime hours must be compensatedor in addition to the regular hours.

To calculate the overtime rate o pay or salaried employees:

1. Calculate the average number o weeks in a month

Divide 52 weeks (in a year) by 12 months = 4.3333

2. Calculate the employees weekly wage

Divide the employees monthly salary by 4.3333

3. Calculate the employees hourly rate o pay

Divide the employees weekly wage by 44 hours or by the number o hours that make up the

employee's regular work week

4. Calculate the employees overtime rate o pay

Multiply the hourly rate o pay by at least 1.5 to get the overtime rate .

All o the calculated overtime hours should be multiplied by this result to fgure out the total pay.

Calculating overtime on general holidays

When calculating overtime hours on a general holiday,

i the hours worked on a general holiday are paid at 1.5 times the regular rate, the hourso work or that day(s) are not used when calculating overtime hours.

i the employee is paid straight time plus a day o, the hours worked on that day(s) areused or calculating overtime hours.


Remember! The 8 and 44 rule requires employers to pay the greater o the twoovertime hour calculations.

Note: Some individuals work compressed work weeks, which oten include longer hours perday but ewer days per week. For more inormation on compressed work weeks, please seePage 19.


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Section 4: Overtime and Overtime Pa

* Trucking overtime can be calculated based on the 8/44 rule or a 10/50 rule. I you're not sure which, call theContact Centre or assistance at 1-877-427-3731.

For more detailed inormation, see the Employment Standards Regulation online atwww.hirestandards.alberta.ca.

Overtime agreements

An employer may give paid time o instead o paying overtime pay.

Time o in place o overtime pay is a mutual agreement between employee and employer.

There are two types o agreements:

Individual overtime agreements

An individual overtime agreement is between one employee and an employer. Either theemployee or the employer can cancel or change the agreement by giving the other partyone-months notice in writing.

Group overtime agreements

A group overtime agreement is between an employer and a designated group o employees.The employer and a majority o the employees in the designated group must sign theagreement. The agreement can be cancelled or changed by either party by giving onemonths notice to the other.

Industry/Occupation Daily hours Weekly hours

beore O/T

calculated

Monthly hours

beore O/T

calculated

Ambulance attendants 10 60

Geophysical exploration 10 191

Irrigation districts 9 54

Logging and lumbering 10 191

Oilwell servicing 12 191

Surveying 10 191

Trucking industry * 10 50

Field catering 10 191

Highway and railway constructionand brush clearing

10 44

Nursery industry 9 48

Road maintenance activities 10 191

Taxi cab industry 10 60

Industries with dierent overtime rules

A number o industries and occupations are subject to variations in daily and weekly hoursworked beore overtime is payable.


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Section 5: General Holidays & General Holiday Pa

General holidays

Under the Code, the ollowing nine days are recognized as general holidays:

General holiday Date

New Years Day January 1

Alberta Family Day 3rd Monday in February

Good Friday Varies with religious calendar

Victoria Day Monday immediately preceding May 25

Canada Day July 1*

Labour Day 1st Monday in September

Thanksgiving Day 2nd Monday in October

Remembrance Day November 11

Christmas Day December 25


*By ederal law, when July 1st alls on any day o the week other thanSunday, it is celebrated on that day; however, when it alls on a Sunday, it

is treated as i it ell on the Monday immediately ollowing.

Boxing Day, Easter Monday and Heritage Day (1

st

Monday in August) arenot considered general holidays. However, an employer can designatethese, or any other day as a general holiday.

When this occurs, that day will be subject to the same rules as the nine

statutory general holidays.

For a calendar o general holiday dates or 2011 to 2020, go to Generalholidays in Alber ta under the Additional Resources section.


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Defnition

General holiday pay and vacation

I an eligible employee is on vacation when a general holiday occurs, the employee is entitledto one days holiday paid at the average daily wage.

Schedules

Not all employees work Monday through Friday, 9 am to 5 pm.

Some employees workirregular schedules. Irregular schedules occur when employees workan irregular pattern o days in a week (i.e. employee is scheduled to work only on days whenwork is available).

In this case, use the 5 o 9 rule to determine an employees eligibility.

The 5 o 9 rule

I at least ve o the nine weeks preceding the work week in which the holidayoccurs, the employee worked on the same day o the week as the day on which theholiday alls, the general holiday is to be considered a normal working day.


What is the average daily wage?

The average daily wage is calculated by adding the regular wages earned during the nineweeks beore the week in which the general holiday occurs, and dividing by the number odays worked in that nine-week period.

The ormula: average daily wage

Note: When calculating the average daily wage, always begin with the rst ull weekimmediately beore the holiday. I the employee has worked less than nine weeks, the averageis calculated on whatever period o time the employee has worked.

Reerence: ES Code, Section 1(1)(b)

Total number of days

worked in nine weeks

preceding holiday

Average daily wageTotal wages earned

in nine weeks

preceding holiday


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Section 5: General Holidays & General Holiday Pay

Example

General holiday pay and salaried employees

I an employee:

Receives a salary;

Does not work on the general holiday; and Gets paid ull salary, as usual;

then Employment Standards accepts that the employee has received general holiday pay. Nourther calculations are needed.

General holiday pay and employees paid incentives

Employees paid by commission or other incentive pay plans are entitled to the average dailywage plus 1.5 times the hourly wage, when they work on general holidays.

To learn how to calculate the hourly wage or an employee paid by commission or incentivepay, reer to the Incentive Based Pay and Minimum Compensation Entitlementact sheet atwww.humanservices.alberta.ca/working-in-alberta.


Additional rules

1. When shits occur partially on a general holiday

I an employer does not have an established practice or determining whether a shit alls ona general holiday, the ollowing guidelines apply:

I an employees shit begins on the day beore a general holiday and ends during the

holiday, all hours worked on that shit will be credited to the day preceding the holiday. I an employees shit begins on the general holiday, all hours worked during the shit will

be credited to the day o the general holiday and would be paid accordingly.

I the employer has an established work day rom 11 pm to 11 pm and the employeebegins work at 11pm on the day o the holiday all hours worked on that shit wouldbe deemed hours worked on a holiday.


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2. General holiday pay and overtime

When an employer pays or hours worked on a general holiday at 1.5 times the employeeswage rate, the hours worked on a holiday do not count when calculating overtime hoursworked or the week in which the holiday alls.

Totalhoursworked(incl.

general

holiday)S M T W T F S

Total

hours to

be paid

Regularhours(wage rate)

Overtimehours(OT rate)

Generalholiday pay(1.5x wagerate)

Hoursworked

- 10 8 11 8 8 11 56 56 40 6 10

The holiday alls on Monday. The employee normally works eight hours per day, but on thisholiday Monday, he worked 10 hours. In this example, the employee would be paid 40 hoursat regular pay, six hours o OT and 10 hours o general holiday pay.


3. Employees who work ewer than three hours

I an employee works ewer than three hours on a general holiday, the rule regarding threehours at minimum wage applies (see Page 18).

ExampleAn employee eligible or general holiday pay that works on a holiday would beentitled to an average days pay plus 1.5 times their wage rate or the numbero hours worked, or 1.5 times the minimum wage rate, whichever is higher.

4. General holiday pay owed at termination

There are situations when a ormer employee would be eligible or general holiday pay:

Substitute holiday day not taken

Under the Code, general holidays can be postponed to a later date. I an employees

employment is terminated beore this holiday is taken, the ollowing rules apply:I terminated: the employee is entitled to general holiday pay as calculated under Option 1(see Page 30).

I employee quit: the employee is entitled to be paid his or her average daily wage or eachgeneral holiday deerred and still not taken.


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Section 6: Vacation and Vacation Pa

Vacation entitlements

Ater one year o employment, employees are entitled to at least two weeks vacation with pay.

Vacation pay and time o accrue during this 12-month period. An employee qualies to takevacation 12 months ater his/her anniversary date, or the day that the employee started towork or the employer.

Note:The minimum amount o time that may be requested is one day.


Vacation Entitlements

Ater (number o years o

employment)

Number o weeks annual

vacation employee entitled to

1 year 2 weeks

2 years 2 weeks

3 years 2 weeks

4 years 2 weeks

5 years 3 weeks

6 or more years 3 weeks

Note: I the employer agrees to provide more vacation, that agreement replaces the Codesannual vacation requirements and is a greater benet.


Employers responsibility

An employer must give their employees their annual vacation within 12 months o the date itis earned.


General vacation rules

Employees must work or one year beore they are entitled to vacation time.

Vacation pay and vacation time accrues during each 12 month period.

Vacations must be granted in one unbroken period, unless the employee requests ashorter period in writing.

An employer must give employees their annual vacation within 12 months o the date itis earned.

An employer can give two weeks notice in writing as to when the employee shall takehis/her vacation.


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Section 6: Vacation and Vacation Pay

Vacation pay

Calculating vacation pay

For salaried employees

For employees paid a monthly salary, the Code requires that the employer pay an amount atleast equal to the employees current wage or a normal work week.

A weeks wage can be calculated by dividing the wages or normal hours o work in a monthby 4.3333.

Note:Vacation pay is based on the employees wages (current salary) at the time the vacationis taken.

For employees paid other than by salary

For employees who are paid hourly, weekly, by commission or other incentive pay, the Coderequires that the employer pay:

For two weeks' vacation: Four per cent o wages earned between anniversary dates inthe year beore the vacation is taken.

For three weeks' vacation: Six per cent o wages earned between anniversary dates inthe year beore the vacation is taken.

Reerence: ES Code, Sections 39 and 40

Vacation pay or entitled employees

Number o weeks vacation

entitled to:

% o yearly wages

(or number o weeks salary)

2 weeks 4% o yearly wages (or 2weeks salary)

3 weeks 6% o yearly wages (or 3weeks salary)

The Code allows an employer to pay vacation pay at any time as long as it is paid no laterthan the next regularly scheduled payday ater the employee starts annual vacation.

Sometimes annual payments o vacation pay that coincide with an employees vacation arenot desirable or the employer. In this case, employers can also choose to pay vacation payon a regularly scheduled basis (or example, with every pay period, quarterly, etc.).

Note: I vacation pay is not paid beore the employees vacation starts, the employee mayrequest their employer to pay the vacation pay at least one day beore the vacation starts.

The employer must comply with this request.Reerence: ES Code, Section 41


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Section 8: Termination of Employment

Section Overview

This section covers the employers responsibilities under theCode depending on whose idea it is to end employment.

Deadline o payments or amounts owed 45

1. When an employee terminates employment 45

2. When an employer terminates employment 46

Determining length o service 47

Contents o the termination notice 48

Termination pay (pay in lieu) 48Calculating termination pay 48

Situations where no termination is allowed 48

What is just cause? 49

Situations that can merit just cause or dismissal 50

What is a temporary layo? 52


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Section 8: Termination of Employmen

Inormation

The Code requires both employees and employers to give each other notice o their intentionto end the employment relationship.

This section is divided into two parts:

1. When an employee terminates employment

2. When an employer terminates employment

Remember! Regardless o who decides to terminate the employment, i the periodo employment is three months or less, no notice is required rom either party.

Deadline o payments or amounts owed

Employers responsibility

Regardless o who ends the employment relationship with notice, upon termination, anemployees earnings (wages, overtime pay, vacation pay, general holiday pay and terminationpay) must be paid no later than three days ater the last day o employment.

However, i an employer or employee terminates employment and no termination notice ortermination pay is required, earnings must be paid no later than 10 days ater the last dayo employment.


Note: I an employee ails to give the required notice beore ending his/her employment, theemployer must pay the employee no later than 10 days ater the date on which the noticewould have expired.


1. When an employee terminates employment

I an employee wishes to terminate his/her employment, a written notice must be given tothe employer as ollows:

Notice Length o service

1 week When employee has more than three months, but less than two yearso service

2 weeks When employee has two years or more o service

Reerence: ES Code, Section 58(1)


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Section 9: Adolescents and Young Persons

Inormation

Inormation

Employing an adolescent (age 12 to 14 years)

Adolescents are 12, 13 and 14 years old. They may be employed as:

Delivery person or newspapers, fyers and handbills.

Delivery person or small goods and merchandise or a retail store. Clerk in a retail store.

Clerk or messenger in an oce.

Certain duties in the restaurant and ood services industry (must work with and be inthe continuous presence o an adult).

Host/hostess

Cashier

Dishwasher

Table bussing

Server or waiter

Providing customer service

Assembling ood orders

Remember! The parent or guardian o any adolescent must agree to the employmentand provide written consent to the employer prior to starting work.

Reerence: ES Regulation, Sections 51 and 52(1)

Remember!Adolescents cannot work between 9 pm and 6 am.

Reerence: ES Regulation, Section 52(3)

Types o jobs not allowed

An adolescent cannot: Use deep ryers, grills, slicers, or other potentially dangerous equipment, or work in

areas where deep ryers, grills, slicers or other potentially dangerous equipment arein operation.

Work in areas where smoking is permitted.

Sell or serve liquor in licensed premises.

Hours o work

An adolescent cannot:

Work during normal school hours (unless enrolled in an education program underthe School Act, such as: Work Experience Program or the Registered Apprenticeship

Program (RAP)). Work or longer than two hours on a school day.

Work or longer than eight hours on a non-school day.


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Section 9: Adolescents and Young Persons

Inormation

Employment permits

For adolescents, some jobs require an employment permit. The permit system gives parentsor guardians, employers and Employment Standards a chance to investigate i the

employment could harm the lie, health, education or well-being o the adolescent, beore theemployment starts.

Reerence: ES Regulation, Section 54

Applying or a permit to employ an adolescent

Complete and submit anApplication or a Permit to Employ an Adolescentound at:www.hirestandards.alberta.ca.

The application requires inormation rom the applicant, the parent or guardian, and theemployer. The application will be reviewed and a response will be sent to both the employerand the employee. The adolescent may not begin work unless the application is approvedand a permit is received. The permit may include conditions such as always working with anadult, or receiving specic training.

Note: An Employment Standards ocer may conduct a site visit o any worksite requestinga permit to employ adolescents.

Types o jobs considered potentially harmul to adolescents

Jobs in the construction industry.

Jobs requiring heavy li ting.

Jobs working with or near moving vehicles and equipment (including orklits).

Jobs working with potentially hazardous equipment, such as pneumatic drills, conveyorsor bulk materials, hand grinders, welding equipment, hammers, blowtorches, deep ryers,grills, slicers, or sharp knives, etc.

Remember! Adolescents and their employers have other rights and responsibilitiesunder Albertas employment standards and occupational health and saety laws.

A young person who works in a retail store, retail business selling gas or petroleum/natural gas products, hotel, motel or place that sells ood or drink:

Cannot work between midnight and 6 am.

Can work between 9 pm and midnight only i he/she is in the continuous presence o an

employee over the age o 18. A young person cannot sell or serve liquor in l icensed premises.

A young person who is required to attend school under the School Actcannot work duringnormal school hours (unless enrolled in an education program under the School Act, suchas: Work Experience Program or the Registered Apprenticeship Program (RAP)).

Reerence: ES Regulation, Section 53


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Additional Resource

Training Receives in-house, on-the-job oroutside training that is provided, paidor reimbursed by the employer.

Has the required training beorestarting the job.

Pays his or her own training costs.

Full-time, personal

and exclusive

service

Usually devotes all working time to

one employer. (Someone with severalpart-time jobs with dierent employersis still considered an employee).

Personally perorms the work orservice and cannot hire someone elseto do it.

Typically has many potential income

streams and serves a number opayers during a given period. (On alarge project, or a while, most o thecontractors time may be spent onthat project).

May employ or subcontract others todo the work.

Schedules and

routines

Works under the direction and controlo an employer.

May have to meet deadlines, but canset the schedule, sequence or mannerin which the work is done.

Right to discharge

or terminate

employment

Can be discharged rom work,provided Albertas EmploymentStandards Code and otherrequirements are met.

Can terminate his or heremployment in accordance with

Alber tas Employment StandardsCode requirements.

Normally, as long as he or she hascomplied with the requirements o thecontract, cannot be discharged by thepayer without compensation.

Normally, as long as the payer hascomplied with the requirements othe contract, cannot terminate thecontract without liability.

I the contract allows or termination,the payer o the contractor can do sounder the specied conditions.

Supervision and

compliance with

instructions

Works under the supervision o

the employer.

Generally must ollow the employersinstruction on how, when and wherethe work is perormed.

Generally must ollow the employersinstructions regarding the quality orvolume o work.

Generally works without supervision

to meet the requirements othe contract.

Does not receive or ollow ongoinginstructions on when, where and howto work.

Decides what methods will be used toachieve the nal outcome.

Speciic results May perorm a variety o tasks andduties. (The relationship with theemployer continues ater these tasksor duties have been completed.)

Supplies a project or service asrequired by the contract. (Once theserequirements have been met, thecontractual relationship ends.)

Ownership o acilities, supplies, tools and equipment

Facilities and

premises

Usually uses a workspace, urniture,phone, computer and relatedequipment provided, maintained andpaid or by the employer.

Usually supplies (leases, rents orowns) the space, urniture, phones,computers and other equipmentneeded to work.

When possible or necessary, maywork at the payers premises.


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Additional Resource

Employee weekly time tracking record (template 2)

Employer name

AddressTimesheet

Employee name: Title:

Employee number: Status:

Department: Supervisor:

Date Start time Breaks End time Regular hrs. Overtime hrs. Total hrs.

Weekly totals:

Employee signature: Date:

Supervisor signature: Date:

Frequently asked questions (about work clothes)

Can an employer make a deduction or a uniorm or other work clothes that the employeeis required to wear during work hours?

Yes. But the deduction can only be made with the written authorization o the employee. Adeduction or a uniorm cannot be more than the employers actual cost to buy the uniorm.

What kind o written authorization must I have to make a deduction or uniorms?

A date-specifc, amount-specifc authorization should be signed by the employee or that onededuction. The deduction must not take an employees earnings below minimum wage.

Can I deduct the cost o or the cleaning o the uniorm rom an employees pay cheque ithey are paid minimum wage?

No. Deductions made rom an employees wages or supplying or looking ater uniorms orother articles that must be worn on the job cannot reduce the employees earnings below theminimum wage.


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Additional Resource

Inormation Authorizations or payroll deductions must be given by the employee to theemployer in writing.

The authorization must be clear and specic to the amount that is beingdeducted and its purpose.

Always keep copies o letters on the employees le.

There are some deductions that are not allowed even with writtenauthorization rom the employee. These include deductions or: aultyworkmanship, cash shortages or loss o property.

In order to change or stop an ongoing deduction rom occurring, a newpayroll deduction authorization orm must be completed.

Employee signature Date

Payroll deduction authorization orm (multiple instalment deductions)

Legal Name o Company and Address: Company Phone Number:

In accordance with Part 2, Division 1, Section 12 o the Employment Standards Code, and,

by signature below:

I (print employee's name)

authorize my employer, (name o employer)

to deduct the total amount o $ (total amount to

be deducted or amount to be deducted per pay period when total amount is unknown)

o my earnings or receipt o the ollowing:

(speciy purpose o the deduction/rationale, e.g. cell phone, rent, meals, childcare, uniorm

payment, any invoice #, etc. that is applicable).

This payroll deduction will be eective (start date)

to (end date, e.g. indefnitely or until repayment to

the employer is complete).

The amount o $ (exact dollar amount) will be

deducted rom my (speciy monthly / semi-monthly /

bi-weekly / weekly or other) pay periods and is no longer payable ater pay period

ending (state payroll end date or upon termination, etc).


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Additional Resource

Examples o typical compressed work week arrangements

Example 1: Daily hours are increased rom eightto 11 and days worked reduced rom six to our.

Original six-day

work schedule

New our-day

work schedule

Day 1 8 hours Day 1 11 hours




Day 5 8 hours Total 44 hours

Day 6 4 hours

Total 44 hours

Example 3: Daily hours are increased rom sevento 12 and days worked reduced rom six to threein the frst week and our in the second week. Theaverage total weekly hours is 42.

Original six-day

work schedule

New two-week

work schedule

Day 1 7 hours Week 1





Day 6 7 hours Week 2

Total 42 hours Day 1 12 hours

Day 2 12 hours

Day 3 12 hours

Day 4 12 hours

Total 48 hours

Example 2: Daily hours are increased rom eightto 10 and days worked reduced rom ve to our.

Original ive-day

work schedule

New our-day

work schedule






Total 40 hours

Example 4: Employee works three days o 12hours, ollowed by three days o. The cycle isrepeated every six weeks. The average totalweekly hours is 42.

Original six-day

work schedule

New three-day work;

three-day o schedule

Day 1 7 hours Week 1 1 2 3 4 5 6 7

Day 2 7 hours Week 2 1 2 3 4 5 6 7

Day 3 7 hours Week 3 1 2 3 4 5 6 7

Day 4 7 hours Week 4 1 2 3 4 5 6 7

Day 5 7 hours Week 5 1 2 3 4 5 6 7

Day 6 7 hours Week 6 1 2 3 4 5 6 7

Total 42 hours Days off are shaded


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Additional Resource

It is agreed between:

The employees listed on Part A attached

and

Employer/company name:

Address:

that either wholly or partly the employer will provide and the employees will take time o withpay in place o overtime pay or those hours worked in excess oin a work day or in a work week, whichever is greater,comprised o to .

The time o with pay in place o overtime pay shall be provided, taken and paid at theregular rate o wages at a time that the employee could have worked and received wagesrom the employer.

The time o shall be provided, taken and paid within three months o the end o the payperiod in which it was earned unless:

the agreement is part o a collective agreement which provides or a longer period o time;or

the Director o Employment Standards issues a permit providing or a longer period o time.

I the time o in place o overtime pay is not provided, taken and paid in accordance with

paragraph 2, the employee shall be paid at the overtime rate or all the overtime hours orwhich time o was not provided, taken and paid.

Time o in place o overtime shall be treated as hours o work, and remuneration paid ortime o in place o overtime pay shall be treated as wages.

The employer shall provide a copy o this agreement to the employee.

No amendment or termination o this agreement shall be eective without at least onemonths' notice in writing by one party to the other.

I certiy that the employees who have signed Part B attached to this orm represent amajority o the employees in the group described and named on Part A attached.

Dated this day o 20

Signed

1.

2.

3.

4.

5.

6.

7.

Group overtime agreement

(Day o the week) (Day o the week)


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Additional Resources

Group overtime agreement Part A and Part B

Part A(to be completed by the employer)

Description o group:

(Provide a complete description, e.g., all oce employees or all shipping and receiving employees)

Following is a complete list o all employees who together orm the group described aboveas o

Day/Month/Year

Type or print names

Signature Print name Date

Part B (to be completed by participating employees)

The employees whose signatures appear below wish to join the group overtime agreementattached to this orm.

Signature Print name Date


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Additional Resource

Inormation Disciplinary warnings and termination notices should be in writing.

Use your company letterhead or include the company address in the letter.Always keep copies o letters on the employees le.

Stick to the acts. Be specic about the issue to be addressed.

Be sure to reerence previous warning letters or disciplinary action that hasbeen taken on this matter.

Be clear about next steps. Identiy uture disciplinary action that will be taken

i the issue is not corrected. Keep it proessional. Avoid allowing the letter to become personal. It is best

to write when you are calm and in control o your emotions.

Keep in mind that your letters may be needed in the uture to support yourcase or termination.

Sample warning letter (on company letterhead)

Date:

Employee address:

Dear employee:

Paragraph 1:

Describe incident/situation/etc. which has led to the warning. Be clear and specic, usingdates and times where possible. Avoid making assumptions about the employees conductwhere possible. Stick to acts. I the employee has received prior verbal or written warnings,make note o this in this letter.

Paragraph 2:

Describe specically the change(s) you want to see and your expectations o the employee.

Paragraph 3:Advise the employee o a review date, to meet and discuss progress. You may wish toinclude a positive statement regarding your belie in the employees ability to make thechanges necessary. I this is the nal warning letter, advise the employee that any urtherincidences o the behaviour, etc., will result in termination.

Sincerely,

Supervisors/managers name

Title


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Step2:Takethehazardsidentifedonthechecklistab

oveandlistthemontheHazardAssessmentandControlShee

t.Identiythe

controlsthatareinpla

ce:engineering,administrative,

personalprotectiveequipment(PPE)orcombinationoreachhazard.

HazardAssessm

entandControlSheet2

Hazard

C

ontrolsinplace(list)

Follow-upaction(s)

required

Duedate/Person

respons

ible

E

ngineering

Administrative

PPE

2HazardIdentifcationChecklistandHazardAssessmentandCon

trolSheetadaptedromSmallBusinessHealthandSaetyToolkit,OccupationalHealthand

Saety,AlbertaEmployment

andImmigration(2006).

Company:

Dateofassessment:

Location:

Completedby:


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Additional Resource

InormationEmployer tip! Whenever possible, hazards should be eliminated. I this is notpossible they must be controlled. Control means reducing the hazard to levels thatdo not present a risk to worker health.

Controls, in order o preerence include:

Engineering controls: Administrative controls: Personal protective

equipment (PPE)

Try to eliminate the hazardcompletely. This could meanremoving trip hazards on thefoor or disposing o unwantedchemicals, etc.

Isolate the hazard: orexample, use sound proobarriers to reduce noiselevels, use an enclosed spraybooth or spray painting, useremote control systems tooperate machinery

Use sae work procedures

Provide training andsupervision or workers

Ensure regular maintenance omachinery and equipment

Limit exposure times by usingjob rotation

Includes gloves, hard hats,hearing and eye protection,saety harnesses, protectiveclothing, respirators, steel-toed boots

Ensure that the right type oPPE is selected or the job,the PPE ts properly and iscomortable under workingconditions, the workers aretrained in the need or PPE,its use and maintenance

PPE is stored in a clean andully operational condition

Parent/guardian consent or employment o an adolescent 3

The written consent o a parent or guardian is required beore an adolescent (ages 12 to 14)can be hired. The written consent o a parent or guardian is required beore a young person(ages 15 to 17) can be hired and asked to work between the hours o midnight and 6 am.

The consent o only one parent or guardian is required. Parents and guardians do not haveto use a specic prescribed consent orm, but they must give the employer written consent.

An employer must retain a copy o this consent orm on the employees fle and a copy o the

orm should be retained by the parent.Note:This orm is proposed as an example. It can be modifed or adapted to meet your needs.No orm is imposed by the Code respecting Employment Standards.

3 Adapted rom Saskatchewan Ministry o Advanced Education, Employment and Labour, Minimum Age oEmployment Tool kit: Inormation or Parents and Guardians o 14 and 15 year old Workers.www.lrws.gov.sk.ca/minimum-age-employment-toolkit-inormation-parents-guardians


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Geophysical exploration employee

Inormation systems proessional x W

Insurance salesperson x x x x

Irrigation district employee

Land agent (licensed) x W

Land surveying employee

Lawyer or student-at-law x W

Logging or lumbering employee

Managers, supervisors and thoseemployed in a condential capacity

x

Mobile/manuactured home salesperson x x W

New home salesperson x W

Oilwell servicing employee

Optometrist x W

Open-air nursery employee

Podiatrist x W

Psychologist x W

Realtors x x x x

Salespersons or direct sellers x x

Securities salesperson x x x x

Taxi cab driver

Traveling salesperson x x x WTruck driver

Veterinarian x W

indicates an exception

indicates an exemption

no exception or exemption

these employees are subject to a weekly rather than hourly minimum wage

these employees are subject to a monthly rather than hourly minimum wage

employees specied in the Regulation are also exempt rom termination notice and payprovisions in the Code

exempted arm and ranch workers are specied in the Code and Regulation, and they arealso exempt rom provisions prohibiting or regulating the employment o individuals under18 years o age

these salespersons are subject to a weekly rather than hourly minimum wage unlessthey are under 16 years o age

x

W

M


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Glossar

Term Deinition

Adolescent In the case o Employment Standards, an adolescent is a personbetween the ages o 12 to 14 years o age.

Alberta Human Rights Act(AHR Act)

In Alberta, theAlber ta Human Rights Act (AHR Act) protects Albertansrom discrimination in certain areas based on specied grounds. The

AHR Actprohibits discrimination in the area o employment. Specifcallyit prohibits discrimination based on the protected grounds o race,colour, ancestry, place o origin, religious belies, gender, age, physicaldisability, mental disability, marital status, amily status, source oincome and sexual orientation.

Alberta Human RightsCommission

The Alberta Human Rights Commission carries out unctions under theAHR Act. The Commissions purpose is to oster equality and to reducediscrimination. It ullls this mandate through public education andcommunity initiatives, through the resolution and settlement o

complaints o discrimination, and through human rights tribunal andcourt hearings. For more inormation visit:www.albertahumanrights.ab.ca .

Anniversary date This date is important or calculating entitlements or annual vacationand vacation pay. The anniversary date is the date that the employeestarted to work or the employer.

Average daily wage (as usedor calculating general holiday pay)

The average daily wage is used or calculating how much an employeemust be paid or a general holiday that was not worked. It is calculatedby adding the regular wages earned during the nine weeks beore theweek in which the general holiday occurs, and dividing by the numbero days worked in that nine-week period.

Breach o duty Breach o duty can occur when an employee knowingly jeopardizes theinterests o the employer, reveals condential inormation, breachescompany policies or conducts him/hersel dishonestly.

Collective agreement A collective agreement is an agreement, in writing, between an employeror an employers organization and a bargaining agent containing termsor conditions o employment. It may include one or more documentscontaining one or more agreements.

Compressed work week(CWW)

A compressed work week is a way o scheduling hours o work that hasemployees working longer hours each day, but ewer days each week.

Continuous employment Continuous employment reers to the continuity o service, and all o thebenets that this brings, that an employee who remains employed at acompany has when ownership o the company changes hands. It isimportant or employment records and calculating length o service(upon termination).

Daily overtime hours Any hours more than eight hours worked in each day are considereddaily overtime hours.


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Glossary

Daily wage Daily wages means the wage o an employee on a normal work day.

Date o delivery The date o delivery reers to the date when the pregnancy o anemployee terminates with the birth o a child or when the pregnancyotherwise terminates.

Earnings Earnings reer to wages, overtime pay, vacation pay, general holiday payand termination pay.

Employee An employee (worker) is someone who works or an employer. He/sheis employed to do work and receives wages in exchange or his/her eorts.

Employer An employer is a person who employs an employee.

Employment Insurance (EI) Employment Insurance (EI) provides temporary nancial assistance tounemployed Canadians who have lost their job through no ault o theirown, while they look or work or upgrade their skills. Canadians who are

sick, pregnant, or caring or a newborn or adopted child, as well asthose who must care or a amily member who is seriously ill with asignifcant risk o death, may also be assisted by Employment Insurance.

Employment record An employment record is the employment inormation required by theCode or the employer to keep up to date and any other record neededto determine whether an employee is entitled to anything under theEmployment Standards Code.

General holidays There are nine general (statutory) holidays in Alberta. New Years Day,Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day,Thanksgiving Day, Remembrance Day and Christmas Day.

Group overtime agreements A group overtime agreement is between an employer and a designatedgroup o employees. The employer and a majority o the employees inthe designated group must sign the agreement. The agreement can becancelled or changed by either party by giving one months' notice tothe other.

Hazard A hazard is any situation, condition or thing that may be dangerous tothe saety or health o an employee.

Hazard assessment A process used to identiy the health and saety hazards and evaluatethe risk associated with job tasks. Covered under OHS but necessarywhen employing adolescents.

Hours o work Hours o work reer to the period o time during which an employeeworks or an employer, and time o with pay instead o overtime payprovided by an employer and taken by the employee.

Individual overtimeagreements

An individual overtime agreement is between one employee and anemployer. Either the employee or the employer can cancel or changethe agreement by giving the other party one months' notice in writing.


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Documents

Employment Standards Toolkit