Employment Law – General Information

Are there laws to protect my rights when I am working in Alberta?

Yes, as long as your job comes within Alberta’s employment laws. Alberta has passed an Employment Standards Code for most non-unionized employees and a Labour Relations Code for unionized employees. The most recent updates to the Employment Standards Code and Labour Relations Code will be brought into effect on January 1, 2018.

Last Reviewed: January 2018

What is the Employment Standards Code?

The Employment Standards Code is a provincial law that sets out basic rights that employers must give their non-unionized employees when they enter into an employment contract.

Last Reviewed: Janaury 2018

What is covered by the Labour Relations Code?

The Alberta Labour Relations Code governs relations between employers and trade unions, and relations between trade unions and their members. The questions and answers on this site deal mostly with non-unionized workers. Unionized workers should refer to the Labour Relations Code or seek out more information from their trade unions.

Last Reviewed: January 2018

Are there any other laws that protect my rights as an employee in Alberta?

Yes. The Alberta Human Rights Act sets out a Code of Conduct that includes the issues of discrimination and equal pay with regard to employees. Also, there are laws that deal with issues of health and safety in the workplace, Workers Compensation, employment insurance, pensions, and other benefits.

Last Reviewed: January 2018

What does the Employment Standards Code in Alberta cover?

The Alberta Employment Standards Code and its regulations covers the following areas:

•  payment of wages including pay periods, overtime pay, holiday pay, method of pay,
• deductions from pay;
• minimum wage;
• hours of work, rest periods and days of rest;
• overtime hours and overtime pay;
• general holidays and general holiday pay;
• vacations and vacation pay;
• maternity and parental leave;
• compassionate care leave;
• termination of employment and termination pay;
• employment of those under 18 and
• reservists leave.

Last Reviewed: January 2018

Does the Employment Standards Code apply to all employees in Alberta?

No. There are three main exceptions.

First, it does not apply to employees who work in fields where the federal government has jurisdiction. These employees, who make up about 6% of Canada’s workforce, are covered by the Canada Labour Code. The rest are governed by provincial or territorial laws. Federal laws cover similar areas relating to employment standards to the provincial laws, but should be checked for your circumstances.

Industries governed by the federal government include railways, shipping, telephone systems and telecommunications, radio and television broadcasting, air transport, banking, and federal government operations.

Second, the Alberta Employment Standards Code does not apply to employees of a municipal police service (except for the various leaves as noted above), or to employees whose jobs are covered by laws that apply to specific occupations and professions. Examples include lawyers and dentists.

Third, certain parts of the Employment Standards Code do not apply to some employees, including 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. These exceptions generally deal with issues of hours of work, overtime, and overtime pay. You should check the Code and the Employment Standards Regulation if you fall within one of these specific occupations.

Previously, certain employees on farms or ranches whose work was directly related to the primary production of certain food items such as eggs were also exempted from parts of the Employment Standards Code. However, as of January 1, 2016 this has changed for farm and ranch workers who receive a wage and are not the owner or related to the owner of an owner-operated farm or ranch. They may now be covered by the Workers’ Compensation Board’s insurance scheme and Occupational Health & Safety basic standards will also now apply to these workers. Family members will be exempt from all Employment Standards Code provisions. This change was first introduced in the Enhanced Protection for Farm and Ranch Workers Act and was expanded on in the Fair and Family-friendly Workplaces Act which amends the Employment Standards Code, both of which can provide more information.

Last Reviewed: January 2018