1 YOUR RIGHTS AS AN EMPLOYEEEdmonton Community Legal Centre (780)

2 Disclaimer The information presented during this session may have limited application to your particular situation. The lawyer and law student that are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation. The presenter here this evening CANNOT provide you with individual legal advice.

3 Which laws apply to your work?Do Federal (Canada) or Provincial (Alberta) laws apply? Are you employed by contract or by appointment? Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

4 Laws: Federal & ProvincialFederal (Canada) laws Federal (Canada) jurisdiction Includes banks, trucking that crosses provincial border, etc. Laws: Canada Labour Code Canada Human Rights Act Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

5 Federal (Canada) laws Some important differences, especially related to layoffs and termination: Federal employees with more than 12 months of service cannot be terminated unless the employer gives reasons showing just cause for dismissal. Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29

6 Contract or AppointmentMany public servants (for example, police officers or employees of regulatory authorities) are appointed to a position under a statute or legislation. The legislation governs the employment Appointed employees may enjoy different rights under the legislation (e.g. reinstatement) than contract employees

7 Alberta Provincial LawsEmployment Standards Alberta Human Rights Act Occupational Health and Safety Act Worker’s Compensation Act Laws: Federal & Provincial Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

8 What is an Employment Contract?The Agreement that tells you what the employer expects of you and what you are entitled to. Wage rate Hours of work Days off Vacation Benefits Etc. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

9 What if you do NOT have a written contract?The law says that you have a contract, even if it is not in writing. What did the employer tell you about the job? What did they promise to pay? What did they promise about the job? If you agreed with those promises, then they become part of your “contract of employment”. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

10 What if something is not in the contract?For example, the contract doesn’t say anything about vacations and you didn’t ask about it. You are entitled to the minimum legal standards that are set out in the Employment Standards Code of Alberta. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

11 Fixed Term or Indefinite Contract?Some contracts for employment are “indefinite” or “at will”. They are intended to last until the employee is terminated or quits. Other contracts are only for a set amount of time. They expire on their own. A series of repeated “fixed term” contracts might actually be an indefinite contract.

12 What if your employer does not do what they agreed to do in the employment contract?You can sue an employer for “breach of contract” You can complain to Employment Standards if the Employment Standards Code has not been followed. You might have a Human Rights complaint if you were treated differently at work because of your ethnic origin or other reason that is against the Human Rights Act Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

13 What about the employer’s policies?Behaviour and Appearance Sick Leave Dealing with Customers Work Scheduling Attendance and being late POLICIES CANNOT BREAK THE LAW! Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

14 Employment Standards CodeThe Employment Standards Code are the rules that most employers must follow in Alberta If employers break that law, you can complain and an Employment Standards Officer will investigate and try to solve the problem. Employment Standards Contact Centre: 780‑427‑3731 (Edmonton area) 1‑877‑427‑3731 (Toll-free) Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

15 Who is NOT covered by the protections in the Employment Standards?Most provisions (overtime, hours of work, holiday & vacation pay) do not apply to agricultural workers. Overtime provisions do not apply to management or supervisory employees. Overtime provisions do not apply to domestic work or domestic live-in work (except for rest periods and days of rest). Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

16 Employment Standards Code – Some Minimum Rules – PayMust be paid at least once a month Must receive your final pay cheque within 10 days of the last day worked The law requires it (e.g. taxes) There is a court order (someone sued you and got a judgment) You authorized - in writing - deduction(s) from pay Employer is NOT allowed to deduct money from pay cheques unless: Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

17 Some Minimum Rules – Hours of WorkYou cannot work more than 12 hours in a row unless there is an emergency situation. Employer must provide 24 hours notice of shift change (with at least 8 hours rest before new shift) You must receive at least ONE day off in each work week OR 2 consecutive days of rest every 2 weeks of consecutive work Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

18 Some Minimum Rules – OvertimeOvertime pay is 1.5 times your regular pay. Overtime must be paid: For time worked over 8 hours in one day OR For time worked over 44 hours in one week, whichever is greater. Overtime agreements: must be in writing, time off must be taken within 3 months of overtime worked And if you quit before the time off, overtime pay must be paid. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

19 Some Minimum Rules – HolidaysWhat are “holidays”? Called “general holidays” or “statutory holidays” Days that the government has said should be a holiday for everyone - like Canada Day or New Year’s Day. You are entitled to get the day off WITH pay. If you work on a holiday, you should be paid 1.5 times your regular pay. Test for eligibility – working on your work day before and after the holiday For a full list of Statutory Holidays in Alberta, visit Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

20 Some Minimum Rules – VacationYou have the right to an annual vacation of: 2 weeks per year after you have finished one year of employment and after each year until 5 years. 3 weeks per year after you have finished 5 years of employment and after each year after that. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

21 Some Minimum Rules – Maternity LeaveYou are entitled to maternity leave once you have worked for the employer for 12 months. An employer cannot fire you or lay you off once you are on maternity leave. If you are entitled to maternity leave, the employer must hire you back in the same or similar kind of position at the same rate of pay Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

22 Some Minimum Rules – TerminationAn employer can fire you without notice for something serious (like stealing). An employer can fire you for any reason as long as they give notice (or pay instead of notice). Rules may be different for Federal employees (e.g. 10+ year employee for a Federally regulated employer) Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

23 Some Minimum Rules – TerminationNOTICE of termination: periods under Employment Standards Code depend on how long you’ve worked: One week if more than 3 months, less than 2 years Two weeks if 2 years or more, less than 4 years Four weeks if 4 years or more, less than 6 years Common Law is different Legal factors include many things Generally, much more notice is required than under the Code, unless the contract says otherwise

24 Some Minimum Rules – Minimum WageMinimum Wage in Alberta as of October 1, 2016: $12.20/hour $ 12.70/hour for jobs that include liquor service (due to the amount of tips associated with the work). Weekly minimum wage of $486 for many salespersons, including land agents and certain professionals Monthly minimum wage of $2316 for domestic employees. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

25 Suing Your Employer Consider suing your employer if…Fired without compensation Terminated with minimum compensation only Caused monetary loss Treated you reprehensibly in the course of dismissal Sue in Small Claims Court You can sue without help of a lawyer Monetary limits Contact Edmonton Community Legal Centre Give advice if you cannot afford a lawyer Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

26 When your employer is breaking the rulesKeep Written Records KEEP RECORDS OF ALL YOUR HOURS & KEEP COPIES OF ALL YOUR PAYCHEQUES & PAY RECORDS Write Notes about any problems Be sure to record times and dates of when the problem occurred Complaint Timelines You must file the complaint within 6 months of leaving the job Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

27 Alberta Human Rights ActProhibits discrimination in employment based on the protected grounds of: Race, colour, ancestry, place of origin Religious beliefs Gender or age Physical or mental disability Marital status Source of income Sexual orientation Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

28 Alberta Human Rights ActEmployees have the right to: work in a respectful, inclusive work environment free of discrimination be accommodated based on their needs related to the protected grounds make a complaint to the Alberta Human Rights Commission if they believe discrimination occurred Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

29 Alberta Human Rights ActSupreme Court of Canada has stated that employers are required to provide accommodation to the point of undue hardship Accommodation: making changes to certain rules/policies to ensure that they don't have a negative effect on a person under a protected ground Undue hardship: occurs if accommodation would create onerous conditions for an employer such as intolerable financial costs or serious disruption to business. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

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31 Unions Union rights: If there is a union, they have the legal right and duty to represent you for all work issues. Individual employees have NO individual bargaining rights Unions negotiate a “collective agreement” with the employer. That collective agreement is your “contract of employment”. MAKE SURE YOU HAVE A COPY OF THE COLLECTIVE AGREEMENT AND READ IT! The Collective Agreement may change your rights to sue an employer directly Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

32 Unions If you have a problem with the employer, you must contact the union right away. Every collective agreement has time limits for doing something about a problem – some are very short (only days). “Filing a grievance” is filing a complaint about what the employer did. The unions have a duty to help with this. If you are fired, the union may be able to help you get your job back. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

33 Unions Under the Alberta Labour Code, everyone has the right to join and participate in a union. If an employer discriminates against you and/or fires you because you joined a union, that is against the law and called an “unfair labour practice”, and you can complain to the Alberta Labour Relations Board. Alberta Labour Relations Board #501, Avenue Edmonton, Alberta T5K 0G5 Ph: (780) Toll Free Line: Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

34 Unions Unions have the duty to represent you fairly.If they do not represent you fairly, you can complain to the Alberta Labour Relations Board. Unions cannot discriminate against you (or deny you membership) because of a protected ground under the Human Rights Code of Alberta. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

35 Workers’ CompensationAlmost all employees are covered by Workers Compensation (also called “WCB”). WCB is “insurance” for all injuries and illness suffered at or because of work. Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

36 Workers’ CompensationIf you are injured or get sick at work: Never give up your rights to Workers Compensation! Tell your employer what happened SEE A DOCTOR and tell the doctor the truth about the injury or sickness File a WCB claim Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

37 Workers’ CompensationIf WCB refuses to pay compensation or cuts off your WCB payments, you can appeal. Who can help with an appeal? Your union Workers’ Health Centre Office of the Appeals Advisor: Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

38 Occupational Health & SafetyYOU HAVE THE RIGHT TO REFUSE TO DO WORK THAT YOU THINK IS GOING TO HURT YOU IF YOU DO IT. You must follow all safety regulations, like wearing a hard hat or safety boots if that is required. If you work around chemicals, you have the right to know what the chemicals are and what are the safe ways of handling them. Contact OH&S at Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

39 Occupational Health & SafetyOccupational Health and Safety Code sets guidelines Obligations to protect workers are shared jointly between worksite owners, prime contractors, subcontractors, and workers Most employers are not perfectly compliant. Many employers are seriously non-compliant.

40 Occupational Health & SafetySome important guidelines that are often missed: Working alone – policy, means of communication, way of getting help in case of an accident First Aid – easily located, trained first-aiders on site Securing Equipment – anything that could be dangerous to workers if it moves, shifts, or rolls Fall Arrest – securing employees above certain heights Hazard Assessments – Before every work task, identify and plan to eliminate each hazard

41 Where To Get Legal Help Edmonton Community Legal Centre (ECLC)Offers free legal advice to low-income individuals and families on matters such as: Small claims Landlord-tenant disputes Immigration law (including issues related to temporary foreign workers) Human rights concerns Employment law Debt law Income support appeals Call (780) or visit Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

42 Where To Get Legal Help Student Legal Services of Edmonton (SLS)Income-based service Can take on civil cases and offer representation Can also help with: landlord/tenant matters contracts WCB/AISH/CPP/EI hearings uncontested divorces and child support cases relatively minor criminal and quasi-criminal offences Call (780) or visit Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

43 Where To Get Legal Help Legal Aid Alberta Income-based serviceCan provide information, advice, and representation on matters related to: Civil law Serious criminal charges Charges laid under the Youth Criminal Justice Act Family law Child welfare Immigration Call (780) or visit Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

44 Where To Get Legal Help Civil Claims Duty Counsel Not income-basedCan provide: summary legal advice procedural information help with trials, motions and other appearances help completing forms Tuesday 10 am – 2 pm Wednesday 12 pm – 4 pm Thursday 9 am – 4 pm 2nd Floor, Provincial Court, Courtroom #262 Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

45 Where To Get Legal Help Edmonton Resolution Support Centre(A combination of LInC (Law Information Centre and other courthouse services) Not income-based Can provide: Legal information on civil and criminal matters Information on court procedures and applications Located on 8th floor, John E. Brownlee Building, Street, across the street from the courthouse Can also get information over the phone Call Laws: Federal & Provincial Employment Contract Standards & Minimum Rules Issues with Employer Unions Safety and WCB Getting Legal Help

46 Questions?