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In Edmonton, Canada, employment rights are primarily governed by the Employment Standards Code. This legislation sets the minimum standards for fair workplace practices, compensation, hours, overtime, vacation, and leave aspects of employment. It also outlines the rights and responsibilities of both employees and employers. It's crucial to be aware of these rights to understand when your employer might not be treating you fairly or legally.
Legal advice may become necessary in circumstances such as wrongful dismissal, unjust treatment, workplace harassment, discrimination, layoff, disputes over wages or overtime, or even when drafting or reviewing employment contracts. Consulting a lawyer can help you understand the complexities of the law and how to best assert your rights in case of employer violations. It’s also sensible to seek legal counsel when starting a new job, especially in contract negotiation or understanding non-compete clauses and other complex terms.
Edmonton, like all of Alberta, is subject to the Alberta Employment Standards Code. This covers basic rights like minimum wage ($15 per hour), vacation pay (at least 4% of wages for the first 5 years of employment), maternity and parental leave (up to 63 weeks parentally, 16 weeks maternity), and notice for termination (one to eight weeks, depending on length of employment). Workers also have a right to refuse dangerous work, and to be free from harassment and discrimination under the Alberta Human Rights Act.
Yes, an employer can terminate your employment "without cause" as long as they give you a reasonable notice or pay in lieu of notice. The concept of what is 'reasonable' can be complex and depends on several factors including your length of service, age, and the nature of your job. If you believe you were not given a reasonable notice or pay, you should consult an employment lawyer.
Constructive dismissal occurs when an employer changes significant terms of the contract of employment (such as pay, position, or hours) without your consent. If you feel you've been constructively dismissed, you may be able to sue for wrongful dismissal.
Most employees in Alberta are entitled to overtime pay, which is 1.5 times their regular rate for hours worked in excess of 8 hours per day or 44 hours per week, whichever is greater. Some job categories are exempt from this rule.
If you are experiencing harassment or discrimination at the workplace, you are protected under the Alberta Human Rights Act. You can file a complaint with Alberta Human Rights Commission. You may also wish to consult a lawyer to understand all your options.
If you are permanently laid off without cause, you are generally entitled to termination notice or pay in lieu, but not all employees are entitled to severance pay. It depends on factors like length of employment and the terms of your employment contract.
Alberta Employment Standards Code is a crucial resource for understanding basic employment rights. The Alberta Human Rights Commission can help with information about harassment and discrimination. Worker's Health Centre provides resources on health and safety rights. If you feel your rights have been violated, Alberta Labour Relations Board can help resolve employment disputes.
If you believe your rights have been violated or need help understanding your employment situation, you should consult with an employment lawyer. When meeting your lawyer, bring any relevant documents (like employment contracts or pay stubs) and be ready to provide a clear explanation of your situation. Reaching out to union representatives, if available, can also be a useful step. Remember, knowing and understanding your employment rights is the first step in ensuring fair treatment in the workplace.
