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Your Rights

The Three Rights of Workers and Employment Standards

As an Alberta worker, you have rights – including the right to join or form a union. Unions, through collective bargaining, increase your rights and make sure employers honour them.

In Canada, and under the law in Alberta, there are three basic rights you have as a worker:

The right to refuse dangerous work and know you’re protected from reprisal.

In Alberta, workers have the legal right to refuse work they believe presents a danger to themselves or others. This right is protected under the Occupational Health and Safety Act, which also prohibits employers from punishing workers for making such a refusal. For example, if a warehouse employee notices a forklift leaking corrosive battery acid, they can refuse to operate it until it’s deemed safe—without fear of being fired or disciplined.

The right to participate in health and safety discussions and committees.

You have the right to be informed about any hazards in your workplace and must be given access to basic health and safety information. Employers are legally required to communicate to you these risks and provide proper training. For example, if you work with chemical cleaners, you must be told about the potential dangers and shown how to handle them safely.

The Right to Participate in Health and Safety Discussions and Health and Safety Committees

Alberta workers have the right to actively participate in creating a safe workplace environment, including joining health and safety committees and contributing to safety discussions. This ensures workers have a voice in identifying hazards and recommending improvements. For instance, a warehouse worker who notices repeated near-miss incidents involving loading equipment can raise the concern, which should prompt changes to improve safety for everyone.

You also have one essential right: the right to join or form a union. Unions, through collective bargaining, increase your rights and make sure employers honour them.

Alberta employment standards and basic workers rights

Alberta workers who are not in a union have general rights, which are laid out in the Alberta Employment Standards. These rights, which without a Union are more difficult for employees to enforce, include things like minimum wages, minimum hours for shifts, minimum breaks and time off, and freedom from unfair treatment. Below are some frequently asked questions about these standards:

Workers’ Rights FAQ.

Employment Standards (Wages, Hours, and Breaks)
What is the minimum wage in Alberta?
The last time the minimum wage changed in Alberta was Oct. 1, 2018. The provincial Government increased the minimum hourly wage from $13.60 to $15.00. However, different rates may apply to specific workers (e.g.,, students, or gig workers).

How many hours can my employer make me work in a day or week?
The daily maximum is 12 hours, unless there’s an emergency. Employers must provide 1 day off for each week, or 2 consecutive days off in each period of 2 consecutive weeks, or 3 consecutive days off in each period of 3 consecutive weeks, or 4 consecutive days off after a period of 24 consecutive workdays. Employers must provide at least 8 hours of rest between shifts.

Am I entitled to overtime pay, and how is it calculated?
Yes. Overtime is paid at 1.5 times your regular wage for any hours worked over 8 hours per day or 44 hours per week, whichever is greater. Be aware of the laws that apply to the industry you work in as different rules apply to some industries.

What are my rights regarding breaks and meal periods?
Employees must receive a 30-minute unpaid break after 5 consecutive hours of work. Additional breaks are not required by law but may be provided by employers.

Do I get paid for working on statutory holidays?
If you qualify, you are entitled to:

  • A paid day off or
  • 1.5 times your wage if you work the holiday (plus regular pay if it’s a scheduled shift).

To qualify, you must have worked at least 30 days in the past 12 months for the same employer.

Unionization
Can I form or join a union?
For most employees, the answer is yes! If you work in a non-unionized workplace, you might not be aware of this right. Most employers resist bringing a union into their company because it shifts the balance of power away from ownership/management and into the hands of employees. You might hear that it’s “easier” to negotiate one-on-one with employees or that unions are limiting, but a union is a more powerful, collective voice — it can ensure you and your co-workers are treated fairly and it can hold management accountable to commitments made in collective bargaining agreements. Teamsters 987 can help you learn more about the first steps. Learn more by visiting our “How to Start a Union” page.

Termination and Severance
Can my employer fire me without notice?
Yes, but only if there is just cause (e.g., theft, insubordination). Otherwise, employers must provide written notice or severance pay.

Under Employment Standards, how much notice or severance pay am I entitled to if I’m laid off?
If you’ve worked:

  • 90 days to 2 years: 1 week notice
  • 2-4 years: 2 weeks notice
  • 4-6 years: 4 weeks notice
  • 6+ years: More weeks of notice (up to 8 weeks)

What are my rights if I am terminated without cause?
You must receive notice or severance pay. If you suspect you were wrongfully dismissed, you can file a complaint with Alberta Employment Standards and/or seek legal advice from an employment lawyer.

Can I be fired while on sick leave or maternity leave?
Employers cannot fire you for taking maternity/parental leave. Employers are also required to accommodate employees needing a work accommodations under grounds protected by the Alberta Human Rights Act (such as illness or injury) up to the point of undue hardship. But they can terminate your job for other valid reasons (e.g., company downsizing). If that is the case, they are required to give you written notice when that decision is made by the company.

Leaves and Benefits
Am I entitled to paid sick leave in Alberta?
Alberta does not require employers to provide paid sick leave, but you may qualify for Employment Insurance (EI) sickness benefits. Some employers offer paid sick leave as part of their policies.

What are my rights regarding maternity or parental leave?
  • Maternity leave: Up to 4 months(unpaid, but EI benefits may apply).
  • Parental leave: Up to 18 months (can be taken by either parent). You must have worked for at least 90 days before taking leave.

Do I get bereavement leave if a family member passes away?
Yes. You can take up to 3 days of unpaid bereavement leave per year.

How much vacation time am I entitled to, and is it paid?
  • After 1 year: 2 weeks of vacation (4% of earnings).
  • After 5 years: 3 weeks (6% of earnings).
  • Vacation pay must be provided even if you don’t take time off.

Am I entitled to breaks for breastfeeding or pumping at work?
Yes, employers must provide reasonable accommodations for you to breastfeed your child or pump, under human rights laws. However, breaks may be unpaid unless your employer offers paid breaks.

Workplace Safety and Discrimination
What are my rights if I feel unsafe at work?
As previously stated in this article, you have the right to refuse unsafe work without being punished. Your employer must investigate and correct the issue.

Can I refuse to do work that I believe is too dangerous?
Yes. If you believe a task is unsafe, you must report it to your employer. If the issue isn’t resolved, you can contact Occupational Health and Safety (OHS) at 1-866-415-8690 (toll-free).

What should I do if I’m being harassed or discriminated against at work?
  • Report it to your employer (HR or management) in a tracible way such as email.
  • Keep records of incidents.
  • File a complaint with the Alberta Human Rights Commission or OHS if necessary.

Can my employer fire me for reporting unsafe work conditions?
No. This is illegal, and you can file a complaint with OHS or the Alberta Labour Board.

Employment Contracts and Pay Issues
Does my employer have to provide me with a written contract?
No, but it is highly recommended to have one. If there is no written contract, employment standards laws apply by default.

What can I do if my employer is not paying me properly?
First, speak to your employer. If they refuse to pay, you can file a complaint with Alberta Employment Standards within 6 months.

Can my employer deduct money from my paycheque without my permission?
No. Employers cannot deduct wages unless it’s legally required (e.g., taxes, EI) or you agreed to it in writing. A personal expense paid by the employer is an example of cost that may be deducted from your paycheque.

There’s power in numbers – why Teamsters 987 is important for your worker rights

The tricky part about these standards is that, as you probably noticed, they only afford workers the minimum level of protection. Workers without a union also have to navigate the system on their own, and that means finding, and trying to understand, the right resources, figuring out who to talk to and how to advocate for themselves. Sounds frustrating, doesn’t it?

This is where Teamsters 987 comes in – there are parts of employment that we can negotiate — usually through collective bargaining — such as improving your conditions of employment for things like wages, benefits, better job security, and generally helping to make lives better for their members. Learn more about the benefits of a unionizing with Teamsters 987.

If your workplace is not unionized and you have questions, get in touch! All conversations are 100% confidential.

Your collective bargaining agreement

If you’re already a member of a union, your workplace has its own unique collective bargaining agreement. This is a document which, for unionized workers, is the most important document that you have at your disposal to educate yourself about your rights at work. Getting to know the contents of these pages is the key to helping you to advocate for yourself and those around you on the job.

As every collective bargaining agreement is different, the specific terms will change from workplace to workplace. What won’t change will be the types of things that your union will fight for on your behalf when they go to the bargaining table. Your union representatives negotiate:

  • Adequate pay for your hard work
  • Reasonable hours on the job
  • Protective safety standards in the workplace
  • A fair amount of paid holidays
  • Benefits to keep you and your family healthy
  • Standards to ensure that you’re treated with respect by your coworkers and supervisors

Curious about the specifics around your rights? Your collective bargaining agreement has all of the details, and so does your shop steward and business agent.

If you see or experience things at work that are in conflict with your collective bargaining agreement, reach out to your union for assistance right away.

Alberta workers rights resources
Workplace Health and Safety Sets rules to prevent workplace injuries and hazards.
Workers’ Compensation Board Information on compensation for injured workers.
Employment Standards Code Sets the minimum employment rules supporting worker
rights in Alberta.
Employment Standards Regulation Details specific rules supporting the Employment Standards Code.
Labour Relations Code Governs union formation, certification, and the collective bargaining process.
Workers’ Compensation Act Provides benefits and support for injured Alberta workers.
Workers’ Compensation Regulation Outlines procedures and benefits under the Compensation Act.
Alberta Human Rights Act Protects against discrimination in employment and public services.

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