Alberta has nine general (statutory) holidays.
The rules for calculating general holiday pay are simplified to better align with pay cycles. Rules, regulations and compliance measures for employers and employees in Alberta workplaces. Weekly overtime threshold applies, regardless of whether daily overtime is included in the arrangement or not. The Board is empowered to order summary dismissal where an employee has rejected a reasonable and fair settlement regarding a duty of fair representation complaint. The Board can also award costs in reviewing an arbitration decision. Learn more. In 2017, the previous government struck a strong balance; in cases where the union had clear majority support (over 65%), no … If Bill 32 is passed, several key changes to the LRC will take effect. On May 27, 2019, Alberta’s newly elected United Conservative Party introduced the Open for Business Act (“Bill 2”). Averaging agreements. On May 27th, the Government of Alberta introduced Bill 2 (An Act to Make Alberta Open for Business). If passed, Bill 2 will give rise to several amendments to the Employment Standards Code (the legislation that prescribes minimum standards of employment in Alberta, hereinafter the “ESC”) and Labour Relations Code (the legislation that governs collective bargaining and labour-management relations in Alberta, hereinafter the “LRC”). The Board may grant summary dismissal if the matter was brought under improper motives or is generally an abuse of process. Deduction or payment of union dues unrelated to central union activities requires opt-in by an employee. Rather, specific legal advice should be obtained. (b) 31 consecutive days after the last day of employment. Employees are not required to pay dues for political or charitable causes without choosing to opt in. Most changes to the LRC took effect on July 29, 2020; however, the following changes will not take effect until proclamation, the time of which is currently unspecified: (1) access to union financial statements and opt-in for union dues; (2) early renewal of collective agreements; (3) rules for secondary picketing; (4) “all-employee” units in the construction industry; (5) project agreements; (6) the Board's standard of review; and (7) nurse practitioners. On July 29, 2020, Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 (Bill) received royal assent in Alberta. New public health measures are in place to help stop the spread. Please visit our COVID-19 Resource Centre to learn more about how COVID-19 may impact your business. For non-COVID-19-related temporary layoffs, employees can be laid off for a longer period: extended from 60 days to 90 days in total within a 120-day period. An employer may elect (a) or (b), whichever allows termination payments to align better with pay cycles. Apply for variances to basic employment standards rules, or for a permit to employ a person under 18 for certain types of work. Learn more. A single Chair or Vice-Chair can also sit alone to decide: a review of a grievance arbitration award; specific determinations under the LRC, including whether a person is an employee, whether a specific organization of employees is a trade union, whether an organization is appropriate for collective bargaining, whether a person is a member of a trade union or a person’s standing within a trade union; and, to compel production of documents, or to compel a witness to give oral or written evidence. Laws for minimum wage, overtime, holidays, job-protected leaves, vacations, hours of work, earnings, youth workers and termination. Alberta’s employment standards laws are enforced through audits, inspections, penalties, prosecutions and judgment collection. Alberta employers must pay their employees at least the minimum wage. Most employees (full and part-time) are entitled to vacation time and vacation pay. After an application, the Board must complete its inquiries and decide whether to grant the application for certification within six months.
any other factors that the Board considers relevant. Many of these amendments will assist employers to better manage their workforces and address many of the issues that have arisen over the past few years due to prior amendments to the ESC and the LRC. 4. If Bill 32 is passed, three key changes to the ESC will take effect on August 15, 2020, with others to take effect on November 1, 2020:[1]. By Tom Ross. Ask a question about Employment Standards or sign up for Employment Standards updates. 2020, Noteworthy Changes to Alberta Employment and Labour Standards Legislation, This website uses cookies to help the site work properly, enhance your experience and help us learn what information interests you. The statement must accurately disclose the financial standing and operation of the union.
The need to provide a group termination notice to employees or unions for job terminations of 50 employees or more has also been removed. Employment standards permits and variances Apply for variances to basic employment standards rules, or for a permit to employ a person under 18 for certain types of work. Proper notice must be given when an employee quits or an employer terminates an employee. Unless daily overtime is included as part of the arrangement, employers do not need to provide daily overtime. Laws for minimum wage, overtime, holidays, job-protected leaves, vacations, hours of work, earnings, youth workers and termination. A union must provide reasonable alternate employment for employees prior to punishing them for working non-union employment. An employee cannot be punished by a trade union for working a significantly different non-union job unless the employment threatens the legitimate interests of the union. Alberta general holidays. Several of the new amendments only impact the construction industry: non-registration trade unions can now organize all-employee bargaining units in construction and maintenance; labour disputes are now limited relating to maintenance work on a major project; more than one collective agreement can apply to a major project, and trade unions can only be bound by a collective agreement they have entered into; disputes arising from major projects are now arbitrable; and. Alberta’s employment standards laws are enforced through audits, inspections, penalties, prosecutions and judgment collection. The regulations are to further clarify what these statements are required to contain, and different requirements for various classes of trade unions. Where the Board finds that a representation vote was affected by a prohibited practice, giving rise to a result which fails to reflect the true wishes of the employees, the Board may: order another vote and take any action to ensure that the vote reflects the employees’ true wishes; certify the trade union as the bargaining agent if the Board considers it appropriate, where no other remedy or remedies would be sufficient to address the effects of the prohibited practice; and/or. The Alberta government has made immediate changes to some of its labour laws amid the continued fight against COVID-19. The Alberta government has made immediate changes to some of its labour laws amid the continued fight against COVID-19. Parties to a collective agreement may enter into a new agreement prior to the expiry date of the original agreement. Many of these amendments will assist employers to better manage their workforces and address many of the issues … Alberta labour law changes begin .
These amendments proposed to the ESC and the LRC will help provide Alberta employers with helpful tools to more effectively and responsively manage their workforces. More flexible rules for employers to get approval for and renew a variance or exemption to the ESC's requirements. © 2020 Blake, Cassels & Graydon LLP, © Blake, Cassels & Graydon LLP. The government says this change is meant to keep employees attached to their place of employment for longer. can have an averaging period of up to 52 weeks; Employers can negotiate with employees on how to handle schedule changes or missed shifts. Receive updates by email. “The health and safety of Albertans continues to be our top priority,” said Minister of Labour and Immigration Jason Copping, in a release. Bill 2 was promised during the election to reverse some of the NDP legislative changes that made labour and employment laws more friendly to unions, less democratic, and more onerous and expensive for employers to employ workers.
3. For more information see our, Ontario Introduces COVID-19 Liability Protection for Workers and Businesses, SCC Finds Employee Entitled to Damages for Bonus Triggered During Notice Period, Proposed B.C. The enhanced mediation process is now specifically established as an alternative to mediation. Employers can only take deductions from an employee’s earnings if the deduction is: required by law, authorized by a collective agreement or authorized in writing by an employee. The province adds these changes will be in place as long as government determines they are needed and the public health emergency order remains. Citing direction from Chief Medical Officer of Health Dr. Deena Hinshaw, changes to rules around sick leave, length of layoffs and a few other areas have been made. This includes recovery of overpayments due to a payroll error and recovery of vacation pay to an employee who took vacation prior to earning it. Alberta's government recently announced Bill 32, the Restoring Balance in Alberta's Workplaces Act, which, if passed, will result in a number of amendments to Alberta's Employment Standards Code (the ESC) and Labour Relations Code (the LRC). Employers are no longer to be allowed to pay employees with disabilities less than the minimum wage. For further information, please contact: As part of Bill 2, the UCP has returned to a familiar tactic—interfering with union certification votes. or any other member of our Employment & Labour group. On May 27, 2019, Alberta’s newly elected United Conservative Party introduced the Open for Business Act (“Bill 2”). The following amendments, which are set to come into effect at the various times noted below, are some of the noteworthy changes to these statutes: The listed changes set out above take effect on November 1, 2020, with the exception of the following, which take effect on August 15, 2020: (1) changes to group termination notice requirements; (2) changes to the temporary layoff periods; and (3) changes for variances and exceptions. Citing direction from Chief Medical Officer of Health Dr. Deena Hinshaw, changes to rules around sick leave, length of layoffs and a few other areas have been made. Overtime pay for employees who work an hours of work averaging arrangement is calculated on the greater of weekly or daily overtime hours when daily overtime is included. Readers are cautioned against making any decisions based on this material alone. The foregoing provides only an overview and does not constitute legal advice. © McMillan LLP 2019, product recall and regulatory compliance services, document preservation/destruction crisis service, structured finance, securitization and derivatives, real estate acquisitions and divestitures, unilateral conduct and distribution practices, international economic and trade sanctions, freedom of information and access to information, bondholder, ad hoc committee and indenture trustee representations, white collar defence and government investigations, automotive manufacturers and distributors, private equity - buyouts & venture capital investment, McMillan Achieves 34 rankings in Who's Who Legal: Canada 2020, Transport Canada driving forward with administrative monetary penalties under the, McMillan Lawyers Earn 41 Rankings Across 10 Categories in the 2021 IFLR1000 Financial and Corporate Guide, Buyer Beware! Waiving Past Service Isn't Possible under Employment Standards Legislation. Alberta Labour Law Changes Begin 29-May-19.
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