Employment Law/Employment Standards
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What areas of employment agreements does the Employment Standards Code in Alberta apply to?
The Alberta Employment Standards Code includes the following areas:
- payment of wages in terms of pay periods, overtime pay, holiday pay, method of pay, deductions from pay;
- hours of work and rest periods;
- overtime and overtime pay;
- holidays and holiday pay;
- vacations and vacation pay;
- maternity and adoption benefits;
- termination of employment;
- employment of those under 18.
Does the Employment Standards Code apply to all employees in Alberta?
No. First, it does not apply to employees who work in fields where the federal government has jurisdiction, for example, air transport, and federal government operations. These employees are covered by the Canada Labour Code. To read more about this, see Division of Legislative Powers.
Second, the Alberta Employment Standards Code does not apply to employees of a municipal police service (except for the maternity and adoption provisions), or to employees whose jobs are covered by laws that apply to specific occupations and professions. Examples are lawyers and dentists.
Third, certain parts of the Employment Standards Code do not apply to some employees including those on a farm or ranch whose work is directly related to the primary production of certain food items such as eggs, domestic employees, employees carrying out various types of construction and repair work, employees working in a supervisory or managerial capacity, employees working with confidential matters, various types of sales employees, and extras in film or video productions. The Code and the Employment Standards Regulation need to be checked with regard to specific occupations to see what parts of the Code applies to which occupations.
I work for a television company in Calgary. Am I covered by the Alberta Employment Standards Code?
No. Television broadcasting is an industry that is covered by the federal government Canada Labour Code. Other industries and services covered by the federal government include railways, shipping, telephone systems, radio broadcasting, air transport, and banking. Federal laws cover similar areas relating to employment standards to the provincial laws, but should be checked for your circumstances. About 10% of the Canadian workforce is covered by the Canada Labour Code. The rest are governed by provincial or territorial laws.
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This page was last updated in June, 2006.
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