Can My Employer Do This? Questions regarding Working Hours and Vacations

Can My Employer Do This? Questions regarding Working Hours and Vacations

Can my employer will not provide me breaks?

No. You may be eligible for thirty minutes of remainder for every single 5 hours of work. The break could be taken all at one time or broken into two breaks that are 15-minute. Breaks may be unpaid or paid.

Can my employer need me personally working weekends?

Yes. The Employment guidelines Code states that an employer must provide workers times of remainder but will not state which times those need to be. If work is a job requirement, you should consider whether you want the job weekend.

Can my employer refuse to offer me personally a holiday?

No. Your employer must offer you either getaway vacation or time pay.

Nonetheless, your employer can will not provide you with a holiday at a time that is certain. In the event that you along with your boss cannot agree on when you’re able to just take your holiday, your boss needs to supply at the very least two weeks’ written notice of this begin date of one’s yearly holiday. Should this happen, you need to bring your getaway whenever your manager claims therefore.

You a vacation before your first 12 months of work are done if you have worked less than 12 months, your boss does not have to agree to give.

To learn more about holidays and holiday pay, see CPLEA’s FAQs on holidays.

Can my employer make me work a split or dual change?

In the event the work is included in Alberta’s Employment guidelines Code, it is possible to work with as much as 12 consecutive hours in 1 day. Your employer can simply request you to work with a lot more than 12 hours if:

  • a major accident does occur;
  • urgent work is necessary to a machinery or plant;
  • other unforeseeable or unpreventable circumstances occur; or
  • or your employer gets authorization through the Director of Employment guidelines to boost to 16 hours a day.

There are particular guidelines that really must be followed:

  • All of the work hours must fall within a period that is 12-houras an example, 7am to 7pm).
  • You have to get at the very least 8 hours of remainder between changes (a double or split change is regarded as one change).
  • For the overtime if you work overtime while working a split shift, your boss must pay you.

Can my employer deliver house when there isn’t sufficient work?

Yes. Your manager can deliver you house early if you have work that is n’t enough.

In the event that you struggled to obtain lower than three hours, your boss must spend you at the very least minimal wage for three of hours of work (unless an exception applies – see below). Dinner break of just one hour or less is certainly not area of the 3 consecutive hours of work. As an example, for 3 hours even though you only worked for 2.5 hours if you work from 6pm to 9:30pm and take a one hour dinner break from 7pm to 8pm, your employer has to pay you.

In the event that you struggled to obtain three hours or maybe more, your company need to pay you for the hours you worked.

In a few jobs, in the event that you work not as much as 2 hours, your manager has only to fund 2 hours of work. Those jobs are:

  • part-time workers in recreational or athletic programs run by way of a city, city, MГ©tis settlement or even a community service organization that is not-for-profit
  • college coach motorists;
  • pupils 13, 14, or fifteen years used whenever pupil is needed to go to college.

Can my employer overtime make me work without having to pay me personally additional?

Alberta’s Employment guidelines Code sets out exactly how overtime is paid and calculated away to employees.

For many jobs, overtime for workers is determined differently. For any other jobs, workers aren’t getting overtime. To learn more, see CPLEA’s FAQs on overtime.

In the event that overtime rules connect with you, overtime hours would be the greater of either:

  • the full total of every hours worked over 8 hours per each day in the work week day;


  • Week the total of any hours worked over 44 hours in the work.

As an example, you would have 10 hours of overtime using the first method (2 overtime hours each day) and 6 hours using the second method (50 hours worked less 44 hours in a work week) if you worked ten hours per day for five days,. Your overtime could be the greater quantity and thus could be 10 hours.

Your manager need to pay you for overtime hours at 1.5 times your regular wage price.

Your boss will give you time down instead of overtime hours if an overtime is had by you contract together with your company. An overtime contract may be:

  • section of a collective contract, if you’re in a union; or
  • a written contract between both you and your company or perhaps a team of workers along with your company. The agreement was made if the overtime agreement is between a group of employees, it can apply to individuals whether or not they were employed by the employer at the time.

There are certain minimal conditions that the Code says connect with all agreement that is overtime even when the contract doesn’t particularly include them. These terms consist of:

  • if time down is certainly not supplied, the boss must spend the worker overtime pay at 1.5 times the employee’s regular wage;
  • time down should be taken within six months for the end of this pay duration with regards to had been acquired. As an example, you banked overtime hours in January, you must take that time off before the end of July if you are paid at the end of every month, and;
  • the contract may not be changed or terminated without one month’s written notice;
  • A copy must be provided by the employer associated with the overtime contract every single worker afflicted with it.

At the time of September 1, 2019, your manager just has to provide you with 1 hour of time off for every single hour of overtime worked.

Last updated: 2019 september

most of the materials with this web web page were funded by the Alberta Human Rights Education and Multiculturalism Fund (HREMF). This project had been results of the scientific study funded by HREMF in 2013. The investigation report is available here.