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Everything employers in Alberta need to know about the ESC

Are you up to date on the minimum entitlements employers in Alberta are legally required to provide under the Employment Standards Code (ESC)?

Being informed about these minimums and your obligations as an employer under the Code is essential. Failure to do so can result in significant fines and/or penalties that can be especially harmful to small businesses.

The Code applies to all provincially regulated businesses in Alberta. While some exceptions apply, the Code affects 85% of employers and employees.

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Minimum entitlements you must provide

Alberta’s Employment Standards Code establishes minimum entitlements you must provide as an employer.

The Code includes minimums for:

  • Vacation time and pay
  • Statutory holidays and pay
  • Hours of work
  • Scheduling
  • Overtime
  • Job protected leaves (Family Responsibility Leave, Sick Leave, Maternity Leave, Bereavement Leave)
  • Minimum wage
  • Earning deductions
  • Payment of earnings
  • Temporary layoffs
  • Termination notice and pay
  • Young workers
What do the 2-hour and 3-hour rules mean?

Those employing school bus drivers, home care workers, part-time workers at a non-profit recreation or athletic program, or youth workers on a school day must pay these employees at least the minimum wage for working 2 hours or more.

In instances where an employer asks an employee to work for a short period of 3 hours, they must be paid at least the minimum wage. If their regular wage is higher, they must be paid their regular wage. And if the employee works for less than 3 hours, the rule still applies.

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Who is not covered by the Alberta Employment Standards Code?

While the Alberta ESC applies to most employers and employees in the province, there are some exceptions, such as federally regulated workplaces.

Examples of federally regulated industries include:

  • Banks
  • Air transportation
  • Rail and road transportation
  • Grain elevators, feed and seed mills
  • Canals
  • Marine shipping, ferry, and port services
  • Among others

Other exceptions include:

  • Self-employed workers
  • Contractors
  • Volunteers
  • Family members
  • Farm and ranch workers who work on small farms

Ensure Employment Standards Code compliance today

Have a question about the Employment Standards Code rules around providing termination notice and pay? Curious about calculating statutory holiday pay? Employer Advice has you covered.

Call for free advice today at (1) 833-710-0677.

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