Isabella Carter
The Alberta Employment Standards Code provides a framework for the employer-employee relationship, setting out clear expectations and guidelines for both parties. While the Code does not define full-time in terms of a number of hours, it is generally understood that working 30 hours or more per week for a single employer constitutes full-time employment in Alberta and most Canadian provinces. Working fewer than 30 hours per week is considered part-time. However, the specific definition of full-time hours can be negotiated and defined in the employment contract or the personnel policies of the employer. Employees in Alberta are entitled to certain rights and protections under the Code, including minimum wage standards, overtime pay, and rest periods.
Characteristics and Values of Part-Time Work in Alberta
| Characteristics | Values |
|---|---|
| Definition of Part-Time | Working fewer than 30 hours a week for a single employer |
| Minimum Wage | $15.00 per hour for most employees; $13.00 per hour for employees under 18 who work part-time |
| Minimum Work Hours | Employers must pay employees for a minimum of 3 hours of work if they are scheduled for longer but sent home early |
| Breaks | Employees working shifts of 10 hours or longer are entitled to at least 2 breaks of 30 minutes each; breaks can be paid or unpaid at the employer's discretion |
| Rest Periods | Employees are entitled to at least one day of rest each work week; if an employee works for two consecutive weeks, they should have at least two rest days |
| Work Week | Compressed work weeks are not allowed, except when part of a collective agreement signed before the rule amendment in January 2018 |
| Overtime | Overtime work during a split or double shift must be compensated |
| Exemptions | Professionals (lawyers, architects, dentists), managers, supervisors, licensed salespersons, and certain employees in non-profit organizations are exempt from minimum standards for hours of work and rest |
| Complaints | Employees can make complaints about violations of the Employment Standards Code while employed or up to 6 months after their last day of employment |
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What You'll Learn
- Part-time work in Alberta is considered to be fewer than 30 hours a week
- Employees are entitled to a minimum of 3 hours of pay if they are sent home early
- Employees must receive at least 8 hours of rest between shifts
- Employees are entitled to at least one day of rest each work week
- Employees working 10 hours or more are entitled to two 30-minute breaks
Part-time work in Alberta is considered to be fewer than 30 hours a week
In Alberta, part-time work is considered to be fewer than 30 hours a week. This is not a legal definition, but a general guideline, and employers and employees are free to negotiate the definition of full-time and part-time hours in their employment contracts.
The Alberta Employment Standards Code does not define full-time in terms of a number of hours. However, it does provide rules and guidelines for employees' hours of work, rest periods, days of rest, and notice of work times. For example, employees are entitled to at least one day of rest per work week, and if they work more than 10 hours, they are entitled to at least two 30-minute breaks.
Employees in certain industries, such as recreation or athletics, may have different rules. For instance, if an employee is required to work a split shift with more than a 1-hour break between the two segments, the employee must be paid the minimum compensation for each segment.
It's important to note that there is no legal requirement for employers to provide benefits to employees, whether full-time or part-time. However, employees in Alberta are protected by the Employment Standards Code, which ensures they are treated fairly and receive basic rights and protections. This includes the right to make a complaint if they believe their employer is not following the rules outlined in the Code.
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Employees are entitled to a minimum of 3 hours of pay if they are sent home early
In Alberta, employees are entitled to a minimum of 3 hours of pay if they are sent home early. This is known as the 3-hour minimum rule and is a regulation within the Alberta Employment Standards Code. The rule applies to most employees, including those who work part-time or casually, and guarantees that they will be paid for a minimum of 3 hours if they are scheduled to work a longer shift but are sent home early.
For example, if an employee is scheduled to work from 6 pm to 9:30 pm but is sent home at 7 pm, the employer must still pay them for 3 hours of work, even though they only worked for 1 hour. This rule ensures that employees are protected from income loss and financial instability when their employer sends them home early.
It's important to note that this rule only applies if the decision to send the employee home early is made by the employer. If an employee leaves work early due to illness or any other reason, they are not entitled to the 3-hour minimum pay unless they were willing to work the full 3 hours. In such cases, the employer must pay either the employee's hourly wage multiplied by the time actually worked or the minimum wage for 3 hours, depending on which amount is greater.
There are also certain exceptions to the 3-hour minimum rule. For instance, it may not apply to live-in caregivers or in cases where an employee is unable to work due to unforeseen circumstances beyond the employer's control. Additionally, employees who are under 18 years of age and work part-time are eligible for a lower minimum wage of $13.00 per hour for the first 28 hours worked each week.
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Employees must receive at least 8 hours of rest between shifts
In Alberta, employees are protected by laws that ensure they receive adequate rest between shifts. The Employment Standards Code outlines that employees must receive at least 8 hours of rest between shifts, with a double or split shift considered a single shift. This means that an employee working a double shift or split shift is entitled to a minimum of 8 hours of rest before commencing their next shift.
The Code also stipulates that an employee's work must be confined to a 12-hour period in a day, unless specific circumstances arise, such as emergencies. In such cases, an employer may seek authorisation from the Director of Employment Standards to extend the work hours up to 16 hours per day. However, even in these situations, employees are still entitled to their mandated rest periods.
Breaks during shifts are also regulated by the Code. For shifts lasting 10 hours or longer, employers must provide at least two breaks of 30 minutes each. The first break should be within or immediately following the first 5 hours of the shift, and the timing is chosen by the employer. The second break should occur after the initial 5 hours of the shift. These breaks can be paid or unpaid, and employers may offer longer daily rest periods if they wish.
It's important to note that there are exceptions to the break entitlements. For instance, if it is not reasonable for an employee to take a break, or if they are unable to do so, the employer must compensate for that break time. Additionally, if an employer imposes restrictions on an employee's activities during their break, such as prohibiting them from leaving the premises, the break must be paid.
Employees in Alberta are also entitled to at least one day of rest each work week. This can be managed by combining work weeks so that employees receive two consecutive days of rest over two consecutive work weeks.
Alberta's Employment Standards Code provides clear guidelines to ensure employees receive adequate rest, and it is important for both employers and employees to be aware of their rights and responsibilities under this Code.
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Employees are entitled to at least one day of rest each work week
In Alberta, employees are entitled to at least one day of rest each work week. This is outlined in the province's Employment Standards Code, which sets out the minimum standards for employers and employees. The Code does not specify which day of the week should be a rest day, and employees may be required to work on weekends. However, if an employee works for two consecutive weeks, they should have at least two days off. This pattern continues for four consecutive work weeks or one month, in which case the employee is entitled to at least four days off.
There are some exemptions to the Employment Standards Code's rules on work hours, rest periods, and overtime. These include professionals such as lawyers, architects, and dentists; managers and supervisors; licensed salespersons; and certain part-time employees, such as those working in recreational or athletic programs run by a municipality or non-profit organisation. Additionally, farm and ranch workers are exempt from daily and weekly hours of work and rest but must adhere to monthly days of rest requirements.
The Employment Standards Code also specifies the maximum daily and weekly hours of work, with employees able to work up to 12 hours a day and 60 hours a week. Anything above 12 hours a day can only occur in an emergency. Employees must also receive at least 8 hours of rest between shifts, and employers must provide breaks during shifts, with at least 30 minutes of rest for shifts between 5 and 10 hours long, and two 30-minute breaks for shifts over 10 hours. These breaks can be paid or unpaid at the employer's discretion, but if the employer places restrictions on the employee during their break, such as prohibiting them from leaving the premises, the break must be paid.
If an employee believes their employer is not following the rules set out in the Employment Standards Code, they can make a complaint while they are still employed or up to 6 months after their last day of employment. Part-time employees are also entitled to holiday pay, calculated as 5% of their salary earned in the 4 weeks preceding a holiday.
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Employees working 10 hours or more are entitled to two 30-minute breaks
In Alberta, the Employment Standards Code (ESC) outlines the province's rules for workplace breaks. While the ESC does not define full-time employment in terms of a number of hours, it does set out specific break requirements for employees based on their shift length.
For shifts of 10 hours or longer, employers must provide at least two 30-minute breaks. The first break must be provided within or immediately following the first 5 hours of the shift, at a time chosen by the employer. The second break must be provided after the first 5 hours of the shift. These breaks can be paid or unpaid at the employer's discretion. However, if an employee is unable to take their break, then it must be paid. Additionally, if the employer places restrictions on an employee's activities during a break, such as prohibiting them from leaving the premises, the break must be paid.
It is important to note that coffee breaks, or short breaks typically used to grab a coffee or snack, are not guaranteed under Alberta's ESC. Employers are not obligated to provide them and have the right to set break rules based on operational needs. Employees are still entitled to their legally required 30-minute break after 5 hours of work, which can be split into two 15-minute breaks if agreed upon by the employer and employee.
In addition to break requirements, the ESC also outlines other important regulations, such as the maximum daily work hours. Employees covered by the ESC can work up to 12 consecutive hours in one day, with anything above this only allowed in emergency situations. Employees must also receive at least 8 hours of rest between shifts and are entitled to at least one day of rest per work week.
It is worth mentioning that certain employees are exempted from Alberta's Employment Standards rules on work hours, rest periods, and overtime. These include professionals such as lawyers, architects, and accountants, as well as licensed salespersons and certain instructors or counsellors.
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Frequently asked questions
There is no legal definition of full-time or part-time work in Alberta. However, generally, working fewer than 30 hours a week for a single employer is considered part-time.
Under Alberta's Employment Standards Code, an employee can work up to 12 hours a day. If an employee works more than 5 hours but less than 10 hours, they should get at least 30 minutes of rest. For shifts of 10 hours or more, employees should get at least two breaks of 30 minutes each. Employees are entitled to at least one day of rest per work week.
The following employees are exempt from Alberta's Employment Standards rules on work hours, rest periods, and overtime: professionals such as lawyers, managers, supervisors, licensed salespersons, and domestic employees.
If an employee believes that their employer is not following the rules in the Employment Standards Code, they can make a complaint while they are still employed and up to 6 months after their last day of employment.
