Important things to watch out for - addressed to the young people who are working in Alberta. Some tips which may seem unassuming but are very important before you start to work. Before working 1. Check your employment contract, see what your rights are on the job. 2.Get a written contract as far as possible. 3.Make sure that your contract follows the law and check if there any other rights you may have as per law that are not listed in your employment contract. 4. Employment policies are the rules of the workplace. You are generally required to follow the employment policies unless they include rules go against the law. Remember such a contract which runs contrary to law is void ab initio. Even if your employment contract is never written down, as long as you and your boss both agree to those terms, it is still a contract Laws determining the employer/employee relationship in Alberta mainly are: • Employment Standards Code; • Human Rights, Citizenship and Multiculturalism Act; • Alberta Labour Code; and • Occupational Health & Safety Act and Code. These Acts lay down the minimum standards and often if your employment contract is not exhaustive, they fill in the gaps. In some cases, more than one law may apply to you. This means that you may have a number of different rights. This could potentially provide you with several possibilities to address workplace or employment issues. • CALL EMPLOYMENT STANDARDS OFFICE WHEN IN DOUBT. REMEMBER Employment contract iis binding if you consent. If you were coerced to agree, then there is no contract. If you keep on working without filing a complaint or bear a secret disagreement for your employer, then, even if you disagree, the law might view this as “agreement”. Therefore, if you disagree, make this clear to your employer in writing. Keep a copy Ask your employer before you start, the following: Your position/ designation; • The job duties; • How much pay you would get and when you would be paid; • Whether you will receive benefits, such as health care or disability insurance; • The start date; and • The hours of work. If you agreed then that forms an employment contract though unwritten. Remember minimum wage in Alberta 2013 effective September is $9.95/hour. If the Employment Standards Code applies to your job, your employment contract has to meet the minimum level provided by the law. However, you and your employer are free to have a contract that entitles you to more than the minimum established by employment standards. If an employment policy does not break the law, but you are having a problem with it, discuss the problem with your employer for a solution. Remember: Consecutive shifts for hours on end not allowed. Example: You work in a retail job and have worked a full seven or eight hour shift. A fellow employee calls in sick. Your employer cannot have a policy that requires you to work a second full shift in a row – this would be against the law. The Alberta Employment Standards Code and the Canada Labour Code both outline the minimum standards to which employees are entitled. Both laws outline minimum standards regarding: o Wages o Vacation o Hours of work and rest o Overtime and overtime pay o Vacations and vacation pay o Holidays and holiday pay o Maternity and adoption benefits o Termination of employment Alberta’s Employment Standards Code applies to most employees in Alberta except for “federal employees” who work in federally regulated industries. Parts of the Code about hours of work, overtime pay, and vacations do not apply to certain types of employees. Some examples are farm workers, car sales people, and film extras. The Canada Labour Code applies to all “federal employees” who work in federally regulated industries, such as airlines, radio tv etc. The Employment Standards Code outlines the basic employment standards that apply to most workplaces in Alberta. If you feel the minimum standards are being breached you can file a complaint and THE EMPLOYER CANNOT FIRE YOU BECAUSE YOU FILED THE COMPLAINT COMPLAINTS ARE CONFIDENTIAL AND GIVEN UTMOST ATTENTION Certain parts of the Code do not apply to: • Farm or ranch workers • Domestic employees • Construction workers/repair workers • Supervisors or managers • Some types of sale employees • Extras in films or videos Normally the time in Alberta is 6 months after dismissal i.e. last day of work but you should file your complaint as soon as possible. A complaint cannot normally be filed more than 6 months after the last day of your employment but you can pray for extension showing justifiable reasons Days Off, Vacations & Vacation Pay Workers in Alberta are entitled to days off, vacations, and vacation pay. It is important for workers to have a rest and spend time with their friends and family. Days Off Workers are entitled to 1 day off in each workweek, or 2 days off in a row in each two workweeks in a row. This treatise is not exhaustive but lists the minimum of things young people need to watch out for before they start working. More details will follow in subsequent post.
Posted on: Thu, 24 Oct 2013 01:57:08 +0000
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