In most cases, an employer in Alberta does not have the right to impose significant changes to the terms of your employment. This includes: Pay reductions. Drastically reducing an employee’s hours of work.
Can my employer change my hours without my consent Alberta?
Advanced notice of a shift change
As an employee or student intern, your employer must inform you in writing at least 24 hours before a shift change or addition. Your employer must also give you 24 hours’ notice before adding or changing a period during which you are scheduled to be on standby or on-call.
What are my rights if my employer wants to reduce my hours?
If your employer insists on reducing your working hours or pay you may feel you have no choice but to resign. You can claim constructive dismissal because your employer has breached the terms of your contract.
Can an employer just reduce your hours?
Can your employer reduce your hours, or lay you off? The short answer is – only if your employment contract allows it. If not, your employer will have to negotiate a change to your contract. Typically, this will involve many members of staff.
What is the main regulation regarding hours of work in Alberta?
Basic rules
An employee may work a maximum of 12-hours a day unless an exception occurs. An employee is entitled to one 30-minute paid or unpaid break after the first 5 hours of work for shifts that are between 5 and 10 hours long. For shifts 10 hours or longer, an employee is entitled to two 30-minute breaks.
Can I refuse a shift change?
Do not refuse a new shift pattern unless you are intending to resign. If you have already established that your employer has a legal right to change your shift pattern, refusal may result in your employer fairly dismissing you.
What are my rights as an employee in Alberta?
Alberta employees have legal rights that are protected by both federal and provincial laws. For example, workers have the right to earn a minimum wage without prohibited deductions. They have the right to holiday and overtime pay. They have the right to be safe and free from discrimination in the workplace.
Can I refuse reduced hours?
So, you should always make sure you receive their consent. If you don’t, they may resign—and they could make a claim for constructive dismissal. If you do make a reduction, and the employee agrees to the change, then you should provide the details to them in a letter.
What is the 3 hour rule in Alberta?
3-hour minimum
Employees must be paid for at least 3 hours of pay at the minimum wage each time they’re required to report to work, or come to work for short periods. This 3-hour minimum doesn’t apply if the employee isn’t available to work the full 3 hours.
How much notice does an employer have to give for a schedule change Alberta?
You cannot be forced to change from one shift to another unless you have been given at least 24 hours notice and at least 8 hours of rest between shifts. Alberta law also protects workers from discrimination in the workplace. The primary legislation that covers human rights in Alberta is the Alberta Human Rights Act.
What employers can and Cannot ask Alberta?
The Alberta Human Rights Act makes it illegal to discriminate against people or treat them unfairly because of their:
- Race.
- Religious beliefs.
- Colour.
- Gender (including pregnancy and sexual harassment)
- Gender expression.
- Gender identity.
- Physical disability.
- Mental disability.
How much notice is required for a shift change?
Organisation is key
It seems as though seven days is a commonly-accepted minimum notice period that employers should give their employees when it comes to shift schedules and shift changes.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
Refusal to work to the new terms. An employee who refuses to work to the new terms will force the employer to either consider dismissal (with the employee able to bring a potential unfair dismissal claim) or else allow them to continue on their existing terms.
Can you be forced to change your shift?
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.
What are the 3 major rights as an employee?
What are the three main rights of workers?
- The right to know about health and safety matters.
- The right to participate in decisions that could affect their health and safety.
- The right to refuse work that could affect their health and safety and that of others.
What are the four basic rights of an employee?
All workers have 4 basic Health & Safety Rights
- The right to know about hazards in the workplace.
- The right to participate in OH&S activities.
- The right to refuse unsafe work.
- The right to no retaliation(discipline or being fired) for raising OH&S concerns.
Can you be fired for discussing salary Alberta?
You can be fired if you make your salary or income public, including on social media. This is called a termination without cause. In Canada, companies can let non-unionized employees go for any reason, as long as: They are provided full severance pay.
Can my employer change my contract and reduce my pay?
An employment contract cannot be unilaterally varied by one party without the consent of the other. If an employer attempts to reduce an employee’s salary without their consent, this will entitle the employee to take any of the following action: Resign from their position.
Is a reduction in hours a redundancy?
If the amount of work available for the same number of employees is reduced then a dismissal caused wholly or mainly for that reason is also a redundancy.
How do I reduce an employee’s hours?
A clause can be included in employees’ contracts stating that their hours can be reduced according to the business’ needs. If this isn’t explicitly stated in the contract, you may need to renegotiate the terms of the contract with the employee.
Are 15 minute breaks paid in Alberta?
Break Times in Alberta Workplaces
Most employees (there are some exemptions) can take one 30-minute break for a meal, in their first five hours of work. This break does not have to be a paid break, though an employer may choose to pay the employee for the time. The time off doesn’t apply towards: Hours of work.