EMPLOYMENT STANDARDS CODE
Chapter E‑9
Table of Contents
1 Interpretation
Part 1
Application and Operation of this Act
2 Application
of this Act
3 Civil
remedies and greater benefits
4 Minimum standards cannot be avoided
5 Employment
deemed continuous
Part 2
Standards
6 Exemptions,
modifications and substitutions
Division 1
Paying Earnings
7 Pay
periods
8 Payment
of wages, overtime pay and general holiday pay
9 Termination
of employment by employer - payment of earnings
10 Termination
of employment by employee - payment of earnings
11 Ways
of paying earnings
12 Deductions
from earnings
13 Notice
required before earnings reduced
Division 2
Employment Records
14 Records
to be maintained
15 Keeping
employment records
Division 3
Hours of Work
16 Hours
of work confined
17 Notice
of work times
18 Rest
periods
19 Days
of rest
20 Compressed
work week
Division 4
Overtime and Overtime Pay
21 Overtime
hours
22 Overtime
pay
23 Overtime
agreements
24 Incentive
pay - hourly wage for calculation of overtime
Division 5
General Holidays and General Holiday Pay
25 General
holidays in Alberta
26 Eligibility
for general holiday pay
27 Resolving
doubts about general holiday pay entitlements
28 General
holiday pay - not working on a normal work day
29 General
holiday pay - working on a normal work day
30 General
holiday pay - working on unscheduled work day
31 General
holiday during annual vacation
32 Incentive
pay ‑ hourly wage for calculating general holiday pay
33 Effect
of general holiday on overtime calculation
Division 6
Vacations and Vacation Pay
34 Basic
vacation entitlement
35 Vacation
entitlements with a common anniversary date
36 Computing
5 or more years of employment
37 How
vacation is to be given
38 Dates
for annual vacations
39 Vacation
pay for employee paid monthly
40 Vacation
pay for employee paid other than monthly
41 When
vacation pay is to be paid
42 Vacation
pay on termination of employment
43 When
vacation pay is considered to be wages
44 Reductions
in vacation and vacation pay
Division 7
Maternity Leave and Parental Leave
45 Entitlement
to maternity leave
46 Length
of maternity leave
47 Notice
of maternity leave
48 No
notice of maternity leave
49 Notice
of employer to start maternity leave
50 Parental
leave
51 Notice
of parental leave
52 Termination
of employment prohibited during maternity leave
and parental leave
53 Resumption
of employment
53.1 Suspension of operations
Division 8
Termination of Employment
54 Calculating
length of employment for termination notice purposes
55 Options
for employer to terminate employment
56 Employer’s termination notice
57 Termination
pay
58 Termination
of employment by an employee
59 Expediting
termination of employment after an employee’s termination notice
60 Continuation
of employment after termination
61 Earnings
not to change after termination notice given
Layoff and Recall
62 Temporary
layoff
63 Termination
pay after temporary layoff
64 Effect
of failure to return to work after recall
Division 9
Restriction on Employment of Children
65 Employment
of children
66 Conditions
of a child’s employment
Division 10
Persons with Disabilities
67 Employment
of persons with disabilities
Part 3
Administration
Division 1
General
68 Director
and Registrar
69 Appointment
and designation of umpires
70 Liability
of officials
71 Delegation
72 Services
by others
73 Alternative
dispute resolution
74 Scheme
of employment
Division 2
Employment Standards Officers
75 Certification
and appointment of officers
76 Director
exercising powers, etc. of officer
77 Officer’s authority
78 Assistance
to officers
79 Directions
80 Single
employer declaration
81 Effect
of declaration
Division 3
Employment Standards Complaints,
Investigations and Determinations
82 Employee
complaints
83 When
complaints may be refused
84 Mediation
by officer
85 Decision
of officer
86 Complaints
referred to Director
87 Order
of an officer
88 Appeal
to Director
89 Order
for reinstatement or compensation
90 Limitation
periods for orders
91 General
provisions about orders
92 Limitation
on revocations and amendments to orders
93 Variations
or amendments and appeals from them
94 Settlement
or compromise by Director
Division 4
Appeals to Umpires
95 Appeal
to umpire
96 Appeal
referred to umpire
97 Abandonment
of appeal
Conduct of Proceedings
98 Fair
process
99 Conduct
of appeal
100 Evidence
101 Provincial
judges as umpires
102 Obtaining
evidence
103 Failure
to appear
104 Form
of award
105 Settlement
106 Correction
of errors
107 Umpire’s award
108 Disbursement
of money held by Director
Part 4
Orders and Awards and Director’s
Demands to Third Parties
Division 1
Enforcement of Orders and Awards
109 Deemed
trust
110 Filing
of order
111 Registration
of order in land titles office
112 Liability
of directors of corporate employers
113 Reciprocal
enforcement of orders
Division 2
Director’s Demand to Third
Parties
114 Definition
115 Director’s demand to third party
116 Duties
of third party
117 Right
of third party to make deductions
118 Debt
created
119 Liability
of third party not discharged
120 Receipt
issued by Director
121 Payment
of money received
122 Director’s collection notice
123 Disposition
of money received
Part 5
Offences, Procedures and Regulations
Division 1
Offences and Penalties
124 No
dismissal for garnishment proceedings
125 Discrimination
prohibitions
126 General
prohibitions
127 Premium
for employment prohibited
128 Employer
prohibitions
129 Offences
130 Specific
offences
131 Corporate
offences
132 Penalty
133 Prosecutions
Division 2
Procedural Matters
134 Non‑compellable
witness
135 Service
of documents
136 Certification
of copies
137 Employer’s duty to notify Minister of terminations
Division 3
Regulations
138 Regulation‑making
authority
Preamble
RECOGNIZING that a
mutually effective relationship between employees and employers is critical to
the capacity of Albertans to prosper in the competitive world‑wide market
economy of which Alberta is a part;
ACKNOWLEDGING that it is
fitting that the worth and dignity of all Albertans be recognized by the
Legislature of Alberta through legislation that encourages fair and equitable
resolution of matters arising over terms and conditions of employment;
REALIZING that the
employee‑employer relationship is based on a common interest in the
success of the employing organization, best recognized through open and honest
communication between affected parties;
RECOGNIZING that
employees and employers are best able to manage their affairs when statutory
rights and responsibilities are clearly established and understood; and
RECOGNIZING that
legislation is an appropriate means of establishing minimum standards for terms
and conditions of employment;
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “agreement”
includes a collective agreement;
(b) “average
daily wage” means
(i) for employees who have been employed by the same employer for 9
work weeks or more immediately preceding a general holiday, the employee’s
daily wage averaged over the days worked during the 9 weeks, or
(ii) for employees who have been employed by the same employer for
less than 9 work weeks immediately preceding a general holiday, the employee’s
daily wage averaged over the days worked during the employee’s employment with
the employer;
(c) “collection
notice” means a notice given by the Director under section 122;
(d) “collective
agreement” means an agreement in writing between an employer or an employers’
organization and a bargaining agent containing terms or conditions of
employment, and may include one or more documents containing one or more
agreements;
(e) “Court”
means the Court of Queen’s Bench;
(f) “daily
wage” means the wage of an employee on a normal work day;
(g) “date
of delivery” means the date when the pregnancy of an employee terminates with
the birth of a child or when the pregnancy otherwise terminates;
(h) “Director”
means the Director of Employment Standards;
(i) “Director’s
demand” means a demand by the Director under section 115 or a further demand
under section 116(3);
(j) “earnings”
means wages, overtime pay, vacation pay, general holiday pay and termination
pay;
(k) “employee”
means an individual employed to do work who receives or is entitled to wages
and includes a former employee;
(l) “employer”
means a person who employs an employee and includes a former employer;
(m) “employment
record” means the employment information required by section 14 to be kept up
to date and any other record needed to determine whether an employee is
entitled to anything under this Act;
(n) “hours
of work” means
(i) the period of time during which an employee works for an
employer, and
(ii) time off with pay instead of overtime pay provided by an employer
and taken by an employee;
(o) “maternity
and parental leave” means the rights and obligations described in Part 2,
Division 7;
(p) “medical
certificate” includes the signed statement of a physician;
(q) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(r) “officer”
means an employment standards officer;
(s) “overtime
agreement” means an agreement between an employer and employees under section
23;
(t) “Registrar”
means the Registrar of Appeals;
(u) “termination
pay” means the pay given to an employee instead of a termination notice;
(v) “third
party” means a person to whom a Director’s demand is issued, and includes the
Crown in right of Alberta;
(w) “umpire”
means an umpire appointed under section 69;
(x) “wages”
includes salary, pay, money paid for time off instead of overtime pay,
commission or remuneration for work, however calculated, but does not include
(i) overtime pay, vacation pay, general holiday pay and termination
pay,
(ii) a payment made as a gift or bonus that is dependent on the
discretion of an employer and that is not related to hours of work, production
or efficiency,
(iii) expenses or an allowance provided instead of expenses, or
(iv) tips or other gratuities;
(y) “wage
rate” means the hourly rate of pay for wages;
(z) “week”
means 7 consecutive days;
(aa) “work”
includes providing a service;
(bb) “work
day” means a 24‑hour period ending at midnight or a 24‑hour period
as established by the consistent practice of an employer;
(cc) “work
month” means a calendar month or the period from a time on a specific day in a
month to the same time on the same day in the following month as established by
the consistent practice of an employer;
(dd) “work
week” means the period between midnight on a Saturday and midnight on the
following Saturday, or 7 consecutive days as established by the consistent
practice of an employer;
(ee) “year
of employment” means a period of 12 consecutive months.
(2) A reference to “this Act” includes a regulation
made under this Act.
RSA 2000 cE-9 s1;2001 c6
s6
Part 1
Application and Operation of this Act
Application of this Act
2(1) This Act applies to all employers and
employees, including the Crown in right of Alberta and its employees, except as
otherwise provided in this section.
(2)
Except for provisions relating to maternity and parental leave and other
provisions of this Act necessary to give effect to those provisions, this Act
does not apply to
(a) employees
who are members of a municipal police service appointed pursuant to the Police Act and their employers with
respect to the employment of those employees, or
(b) employees
and employers to the extent that another Act states that this Act or a
provision of it does not apply to them.
(3) The
following Divisions and regulations do not apply to employees and employers
specified in subsection (4):
(a) Part
2, Division 3, Hours of Work;
(b) Part
2, Division 4, Overtime and Overtime Pay;
(c)Part 2, Division 5, General Holidays and General
Holiday Pay;
(d) Part
2, Division 6, Vacations and Vacation Pay;
(e) Part
2, Division 9, Restriction on Employment of Children and regulations made under
section 138(1)(e), prohibiting or regulating the employment of individuals
under 18 years of age;
(f) regulations
under section 138(1)(d) respecting vacations, vacation pay, general holidays
and general holiday pay;
(g) regulations
under section 138(1)(f) respecting the minimum wage.
(4) The
Divisions and regulations specified in subsection (3) do not apply to employees
employed on a farm or ranch whose employment is directly related to
(a) the
primary production of eggs, milk, grain, seeds, fruit, vegetables, honey,
livestock, domestic cervids within the meaning of the Livestock Industry Diversification Act, poultry or bees, or
(b) any
other primary agricultural operation specified in the regulations,
or to their employer while acting in the capacity as
employer.
RSA 2000 cE-9 s2;2001 c6
s6;2003 c26 s19
Civil remedies and
greater benefits
3(1) Nothing in this Act affects
(a) any
civil remedy of an employee or an employer;
(b) an
agreement, a right at common law or a custom that
(i) provides to an employee earnings, maternity and parental leave or
other benefits that are at least equal to those under this Act, or
(ii) imposes on an employer an obligation or duty greater than that
under this Act.
(2) If under an agreement an employee is to receive
greater earnings or maternity and parental leave than those for which this Act
provides, the employer must give those greater benefits.
RSA 2000 cE-9 s3;2001 c6
s6
Minimum standards cannot
be avoided
4 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.
1996 cE-10.3 s4
Employment deemed
continuous
5 For the purposes of this Act, the
employment of an employee is deemed to be continuous and uninterrupted when a
business, undertaking or other activity or part of it is sold, leased,
transferred or merged or if it continues to operate under a receiver or
receiver‑manager.
1996 cE‑10.3 s5
Part 2
Standards
Exemptions,
modifications and substitutions
6 Despite anything in this Act, the
regulations under section 138 may
(a) exempt
an employment, employer or employee from Part 2 or any provision of it, and
(b) modify or substitute any provision of Part 2
in respect of an employment, employer or employee.
1996 cE-10.3 s6
Division 1
Paying Earnings
Pay periods
7(1) Every employer must establish one or more pay
periods for the calculation of wages and overtime pay due to an employee.
(2) A pay period must not be longer than one work
month.
1996 cE-10.3 s7
Payment of wages,
overtime pay and general holiday pay
8(1) Wages, overtime pay and general holiday pay
earned in a pay period must be paid by an employer not later than 10
consecutive days after the end of each pay period.
(2) When employment ends, earnings must be paid by
an employer within the time described in section 9 or 10.
1996 cE-10.3 s8
Termination of
employment by employer - payment of earnings
9(1) When an employer terminates an employee’s
employment by
(a) a
termination notice under section 56,
(b) termination
pay under section 57(1) instead of a termination notice, or
(c) a
combination of a termination notice and termination pay under section 57(2),
the employer must pay
the employee’s earnings not later than 3 consecutive days after the last day of
employment.
(2) When an employer terminates an employee’s
employment and no termination notice or termination pay is required to be
given, the employer must pay the employee’s earnings not later than 10
consecutive days after the last day of employment.
1996 cE-10.3 s9
Termination of
employment by employee - payment of earnings
10(1) When an employee terminates employment by
giving a termination notice under section 58, the employer must pay the
employee’s earnings not later than 3 consecutive days after the last day of employment.
(2) When
an employee terminates employment and a termination notice is not required, the
employer must pay the employee’s earnings not later than 10 consecutive days
after the last day of employment.
(3) When an employee is required to give a termination
notice but terminates employment without doing so, the employer must pay the
employee’s earnings not later than 10 consecutive days after the date on which
the notice would have expired if it had been given.
1996 cE-10.3 s10
Ways of paying earnings
11(1) In this section, “authorized financial
institution” means a bank, treasury branch, credit union, loan corporation,
trust corporation or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada).
(2) An
employee’s earnings must be paid by an employer in Canadian currency
(a) in
cash or by cheque, bill of exchange or order to pay, payable on demand, drawn
on an authorized financial institution, or
(b) if the employer so chooses, by direct
deposit to the employee’s account in an authorized financial institution of the
employee’s choice.
1996 cE-10.3 s11
Deductions from earnings
12(1) An employer must not deduct, set off against or
claim from the earnings of an employee any sum of money, unless allowed to do
so by subsection (2).
(2) An
employer may deduct from the earnings of an employee a sum of money that is
(a) permitted
or required to be deducted by an enactment or a judgment or order of a court,
(b) authorized
to be deducted by a collective agreement that is binding on the employee, or
(c) personally
authorized in writing by the employee to be deducted.
(3) Despite
an authorization in a collective agreement or a written authorization by an
employee, an employer may not deduct from earnings a sum for
(a) faulty
workmanship, or
(b) cash shortages or loss of property if an
individual other than the employee had access to the cash or property.
1996 cE-10.3 s12
Notice required before
earnings reduced
13(1) An employer must give each employee notice of a
reduction of the employee’s wage rate, overtime rate, vacation pay, general
holiday pay or termination pay before the start of the employee’s pay period in
which the reduction is to take effect.
(2) If an employer does not comply with subsection
(1), an employee is entitled to the difference between the employee’s wage
rate, overtime rate, vacation pay, general holiday pay or termination pay
before the reduction and those rates and pay after the reduction from the time
in the pay period in which the reduction was first applied to the end of that
pay period.
1996 cE-10.3 s13
Division 2
Employment Records
Records to be maintained
14(1) Every employer must keep an up-to-date record
of the following information for each employee:
(a) regular
and overtime hours of work;
(b) wage
rate and overtime rate;
(c) earnings
paid showing separately each component of the earnings for each pay period;
(d) deductions
from earnings and the reason for each deduction;
(e) time
off instead of overtime pay provided and taken.
(2) At
the end of each pay period, an employer must provide a written statement to
each employee setting out, in respect of the employee,
(a) the
information described in subsection (1), and
(b) the
period of employment covered by the statement.
(3) The
hours of work of an employee, maintained by an employer under subsection
(1)(a), must be recorded daily.
(4) An
employer must keep an up-to-date record of the following additional information
for each employee:
(a) name,
address and date of birth;
(b) the
date that the present period of employment started;
(c) the
date on which a general holiday is taken;
(d) each
annual vacation, showing the date it started and finished and the period of
employment in which the annual vacation was earned;
(e) the
wage rate and overtime rate when employment starts, the date of any change to
wage rates or overtime rates, and particulars of every change to them;
(f) copies
of documentation relating to maternity and parental leave;
(g) copies
of any termination notice and of written requests to employees to return to
work after a temporary layoff.
(5) On request, an employer must give to an
employee a detailed statement of how the employee’s earnings were calculated
and the method of calculating any bonus or living allowance paid, whether or
not it forms part of wages.
RSA 2000 cE-9 s14;2001
c6 s6
Keeping employment
records
15 Employment records must be retained by an
employer for at least 3 years from the date each record is made.
1996 cE-10.3 s15
Division 3
Hours of Work
Hours of work confined
16(1) An employee’s hours of work must be confined
within a period of 12 consecutive hours in any one work day, unless
(a) an
accident occurs, urgent work is necessary to a plant or machinery or other
unforeseeable or unpreventable circumstances occur, or
(b) the
Director issues a permit authorizing extended hours of work.
(2) If hours of work have to be extended, they are
to be increased only to the extent necessary to avoid serious interference with
the ordinary working of a business, unde
