Government Seeking Input on Employment Rules

The Alberta Ministry of Labour and Immigration has launched a consultation process to inform potential changes to employment rules under the Employment Standards Code and Regulations. Through this process, the government is looking to reduce red tape and this engagement is considered part of the overall legislative review process. It is really important that the government hears from nonprofits, so that our perspectives are recognized in any changes to these rules.

While the topics covered in the survey are general, there are specific areas in which the government is soliciting feedback. Please see below for the topic areas:

  1. Vacation Time

    Current rules state that employers cannot require the employee to use up vacation time or pay during a termination notice period, unless both employer and employee agree. There are also rules on how soon an employer must pay vacation pay after an employee’s job ends, and the amount the employee must be paid.

  2. Determining General Holiday Pay

    Currently, eligible employees get paid average daily wage as part of general holiday pay entitlements.

  3. Youth Employment

    Current rules for employing youth include restrictions on hours of work, types of work youth can do, whether parent or guardian consent is needed, whether a permit is needed, and whether the youth needs adult supervision.

  4. Hours of Work Averaging Agreements

    Current rules allow an employee or group of employees to work a modified schedule at their regular rate of pay.

  5. Temporary Layoff Notices

    Employers can temporarily layoff employees but must follow rules around the length of the layoff and how to notify employees.

  6. Group Terminations

    Current rules require employers to give the Minister of Labour and Immigration written notice when terminating 50 or more employees at a single workplace location within a four-week period.

  7. Termination Pay

    Currently, employers provide a termination notice and pay employees their earnings within three days after an employee’s last day of employment.

  8. Administrative Penalties

    This relates to the amount of time employers have to pay or appeal a penalty for failing to comply with the Employment Standards Code or action to enforce the Employment Standards Code.

  9. Employee’s Statements of Earnings

    This relates to whether employers should be allowed to provide employees with electronic pay statements only.

  10. Director’s Variances

    This allows employers to get a variance from certain mandatory obligations and requirements.

  11. Minister’s Variances and Exemptions

    This allows employer groups or associations to apply for a variance or exemption from certain rules in the Employment Standards Code or Regulation.   

The survey asks respondents to provide feedback on the current rules by rating satisfaction and suggesting changes. There is also an opportunity to provide input on any topics not covered in the survey questions.

The online survey is available here until November 28, 2019.