Calgary

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Employment Standards and Rights

Basic employment laws, rights, and obligations for workers and employers in Calgary.

Sections

1. Minimum Wage

  • Current Rate (as of October 2023):
    The general minimum wage in Alberta is $15.00 per hour.

    • For students under 18 working 28 hours or less per week during the school year, the minimum wage is $13.00 per hour. If they work more than 28 hours, the general rate of $15.00 applies.
    • Tipped employees (e.g., servers) are entitled to the same minimum wage as other workers.

  • Exceptions:
    Certain industries or roles, such as farm workers or independent contractors, may have different rules.

2. Overtime Rules

  • Overtime Pay Rate:
    Employees are entitled to 1.5 times their regular hourly wage for any hours worked beyond:

    • 8 hours per day (if the employer uses a daily overtime threshold), or
    • 44 hours per week (if the employer uses a weekly overtime threshold).

  • Time Off in Lieu of Overtime Pay:
    Employers and employees can agree to provide time off with pay instead of overtime pay. This must be at a rate of 1.5 hours off for every overtime hour worked, and the time off must be taken within 6 months of earning it.

  • Exceptions:
    Certain industries (e.g., trucking, oil and gas) may have modified overtime rules under Averaging Agreements or Hours of Work Averaging Arrangements (HWAAs).

3. Hours of Work

  • Standard Hours:

    • Employees cannot be required to work more than 12 hours per day unless there is an emergency or an approved exception.
    • Employees must receive at least 30 minutes of rest (unpaid) for every 5 consecutive hours worked. This can be split into two 15-minute breaks if agreed upon.

  • Rest Periods:

    • Employees are entitled to at least 8 consecutive hours of rest between shifts.
    • They must also receive 1 day off per week or 2 consecutive days off every 2 weeks.

4. Vacation and Vacation Pay

  • Vacation Time:

    • Employees are entitled to 2 weeks of vacation after 1 year of employment and 3 weeks of vacation after 5 years of employment.
    • Vacation must be taken within 12 months of earning it.

  • Vacation Pay:

    • Employees earn vacation pay at a rate of:
      • 4% of gross wages for the first 4 years of employment.
      • 6% of gross wages after 5 years of employment.
    • Vacation pay must be paid either:
      • At least one day before the vacation starts, or
      • On the employee’s regular payday if agreed upon.

5. Termination Rights

  • Notice of Termination (by Employer):
    Employers must provide written notice or pay in lieu of notice, depending on the employee’s length of service:

    • 90 days to less than 2 years: 1 week’s notice.
    • 2 years to less than 4 years: 2 weeks’ notice.
    • 4 years to less than 6 years: 4 weeks’ notice.
    • 6 years to less than 8 years: 5 weeks’ notice.
    • 8 years or more: 8 weeks’ notice.

  • Notice of Resignation (by Employee):
    Employees must provide written notice to their employer:

    • 90 days to less than 2 years of service: 1 week’s notice.
    • 2 years or more of service: 2 weeks’ notice.

  • Termination Without Notice:
    Employers can terminate without notice if there is just cause (e.g., serious misconduct). Similarly, employees can resign without notice if the employer breaches the employment contract.

  • Severance Pay:
    Alberta does not mandate severance pay unless specified in the employment contract or collective agreement.

6. Filing Complaints and Seeking Assistance

If you believe your employer has violated your rights under Alberta’s Employment Standards Code, you can file a complaint with Alberta Employment Standards.

  • Steps to File a Complaint:

    1. Contact Your Employer First:
      Attempt to resolve the issue directly with your employer. Keep records of all communications.
    2. File a Complaint Online:
      Use the Employment Standards Online Complaint Tool on the Government of Alberta website. You will need to provide details about your employment, the issue, and any supporting documents.
    3. Investigation:
      Employment Standards officers will investigate your complaint and may mediate between you and your employer.

  • Cost:
    Filing a complaint is free.

  • Time Limit:
    Complaints must be filed within 6 months of the alleged violation.

  • Contact Information:

    • Website: Alberta Employment Standards
    • Phone: 1-877-427-3731 (toll-free in Alberta)
    • In-Person Assistance: Visit a Labour and Immigration Office in Calgary.

7. Additional Considerations for Calgary

  • Workplace Safety:
    Alberta’s Occupational Health and Safety (OHS) Act ensures safe working conditions. Employees can refuse unsafe work without fear of retaliation. Contact OHS at 1-866-415-8690 for safety concerns.

  • Human Rights Protections:
    The Alberta Human Rights Act prohibits discrimination in the workplace based on race, gender, age, religion, disability, sexual orientation, and other protected grounds. Complaints can be filed with the Alberta Human Rights Commission.

  • Employment Insurance (EI):
    If you lose your job through no fault of your own, you may qualify for EI benefits. Apply through Service Canada.

  • Resources for Newcomers:

    • Calgary Immigrant Women’s Association (CIWA): Offers employment support for immigrant women.
    • Calgary Catholic Immigration Society (CCIS): Provides job search assistance and training for newcomers.
    • Immigrant Services Calgary: Offers workshops and resources for adapting to the local job market.

8. Work Culture in Calgary

  • Punctuality:
    Being on time is highly valued in Calgary workplaces.
  • Work-Life Balance:
    Many employers promote work-life balance, but this can vary by industry.
  • Networking:
    Building professional connections is important. Consider joining local business associations or attending networking events.
  • Diversity and Inclusion:
    Calgary is a multicultural city, and many workplaces embrace diversity. However, it’s important to familiarize yourself with Canadian workplace norms, such as addressing colleagues respectfully and collaborating in teams.

By understanding these employment standards and rights, you can ensure compliance with local laws and protect yourself in the workplace. If you have further questions or need clarification, feel free to ask!