Asked Questions
Find answers to some of the most common questions about the Workers’ Resource Centre and workers’ rights in Alberta. If you have a question that isn’t answered here, click Get Help to access support from our team.
The information on this page does not constitute legal advice or a legal opinion, which can only be provided by a lawyer. To find a lawyer, please visit the Law Society of Alberta’s Lawyer Directory.
Our services are free for Alberta workers. We do not charge for casework appointments or for our public legal education workshops.
The Workers’ Resource Centre can assist in connecting you to community supports. Please tell us more:
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Alberta Supports is an income support program for Albertans who are unable to pay for their basic needs. You can get more information about the program at alberta.ca/income-support
Yes. The Workers’ Resource Centre can assist with employment-related issues that are regulated by the Canada Labour Code and the Canada Human Rights Code, as long as the worker performed their duties in Alberta.
Most work in Alberta is regulated by Alberta Employment Standards, a set of rules that employers must follow in the province. However, workers in some sectors are federally regulated, meaning that they are subject to the Canada Labour Code, which differs slightly from Alberta Employment Standards.
Most workers in Alberta are protected from discrimination under the Alberta Human Rights Act. However, workers in some sectors are federally regulated, meaning that any discrimination complaints must be filed through the Canadian Human Rights Commission.
While most work in Alberta is provincially regulated and subject to Alberta Employment Standards and the Alberta Human RIghts Act, workers in some sectors are regulated by federal codes, including the Canada Labour Code and the Canada Human Rights Act.
These sectors include air transportation; banks; grain elevators, feed and seed mills, feed warehouses and rain-seed cleaning plants; First Nations band councils and Indigenous self-governments; most federal Crown corporations; port services, marine shipping, ferries, tunnels, canals, bridges and pipelines (oil and gas) that cross international or provincial borders; postal and courier services; radio and television broadcasting; railways that cross provincial or international borders and some short-line railways; road transportation services, including trucks and buses, that cross provincial or international borders; telecommunications, such as telephone, Internet, telegraph and cable systems; uranium mining and processing and atomic energy; any business that is vital, essential or integral to the operation of one of the aforementioned activities; Parliament; the federal public service.
An independent contractor is different from an employee in that they do not receive the same protections under Alberta employment law because they are considered self-employed. Contractors do not have deductions on their pay and are responsible for paying taxes, and making CPP and EI contributions to the government. Contractors can claim business expenses as deductions on their income tax returns.
Sometimes, actual employees are wrongly categorized as independent contractors. You may be considered an employee if: you are not free to work with other organizations, if your work is supervised, if you are subject to discipline at work and/or if you are paid at regular intervals as opposed to a lump sum. If you are unsure if you are an employee or an independent contractor, the Workers’ Resource Centre can help.
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In Alberta, workers have the right to refuse unsafe work that might put them or others in danger. The Occupational Health and Safety Act protects workers from reprimand or dismissal for refusing work due to hazards that pose a serious and immediate threat to themselves or others at their work site.
In most cases, employers are required to have coverage through the Workers’ Compensation Board - Alberta (WCB). The Workers’ Resource Centre can assist workers with initial WCB claims.
In most cases, employers are required to have coverage through the Workers’ Compensation Board - Alberta (WCB). The Workers’ Resource Centre can assist workers with initial WCB claims.
Yes, the Workers Resource Centre can help with CPP-D (Canada Pension Plan Disability Benefits) reconsiderations and appeals.
Yes, the Workers Resource Centre can help with AISH (Assured Income for the Severely Handicapped) reconsiderations and appeals.
Assured Income for the Severely Handicapped (AISH) is a provincial program that provides financial and health benefits for eligible Albertans with a permanent medical condition that prevents them from earning a living. Canada Pension Plan Disability Benefits (CPP-D) is a federal program that provides monthly payments to CPP contributors who are unable to work because of a disability. The Workers Resource Centre can help you apply to both programs.
We do not assist with WCB appeals. You can contact the Appeals Commission for assistance. Learn more here: https://www.appealscommission.ab.ca/
We only assist with initial WCB applications. We do not assist with WCB reconsiderations or appeals.
Sexual harassment is a form of discrimination based on the ground of gender, which is prohibited by the Alberta Human Rights Act. If you have experienced sexual harassment at work, you may be able to file a complaint with the Alberta Human Rights Commission.
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Sexual harassment is any unwelcome conduct that is gender-related or sexual in nature that makes someone feel uncomfortable or unsafe. If you would like more information about workplace sexual harassment, visit hereforhelp.ca
Try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being transphobic as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take.
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Try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being sexist as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take. Get help here:
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Try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being homophobic as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take. Get help here:
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Try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being ableist as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take. Get help here:
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Try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being racist as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take.
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Discrimination at work because of race, colour, ancestry, place of origin, religious beliefs, gender (including pregnancy and sexual harassment), gender identity, gender expression, sexual orientation, mental or physical disability, age, marital status or family status is prohibited in Alberta.
If you are facing discrimination at work, try to document as much as possible. Write down the dates, times, and details of discrimination that happened in your workplace, including the names of people who were being discriminatory, as well as witnesses. The Workers’ Resource Centre can help you to determine the next steps you would like to take. Get help here:
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It is not permitted to terminate an employee because they took maternity or parental. If you have recently lost your job after returning from maternity or parental leave, we may be able to help. Tell us more:
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It is not permitted to terminate an employee because they took a medical leave. If you believe that you were terminated in retribution for taking a medical leave, click the get help button below.
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No. In Alberta, most workers are entitled to sixteen weeks of job-protected leave for medical reasons. This means that you cannot be terminated for taking time off to recover or heal from illness or injury, including physical or mental illness or injury. If you have applied for EI sickness benefits, you should not quit your job. if your employer has asked you to quit or has fired you because of medical leave, the Workers’ Resource Centre can help:
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In most cases, if you quit your job, you will not be eligible to collect Employment Insurance (EI). However, there are certain circumstances where you had no other choice but to quit your job (i.e. discrimination) for which you may still be eligible to collect EI. Tell us more by taking our survey.
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In most cases, if you were at fault for losing your job (i.e. stealing, failing to show up for scheduled shifts, aggressive behaviour, etc.), you will not be eligible to collect EI. If you were wrongly fired, we may be able to help.
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The Workers’ Resource Centre cannot assist with constructive dismissal cases. If you suspect your employer is attempting to use constructive dismissal to terminate your employment, you may with to contact a lawyer.
Constructive dismissal refers to situations where employers do not directly terminate workers but make changes to a worker’s job, such as hours or rate of pay, or fails to comply with the employment contract, effectively forcing the worker to quit. For more information about constructive dismissal, you can consult the Government of Canada’s website.
Employers in Alberta may temporarily lay off employees if they wish to keep the employment relationship with their employees and call them back to work at a later date, for example, in the case of seasonal employment. The maximum length of a temporary layoff is 90 days in a 120-day period and proper notice must be given to employees. Workers who have been temporarily laid off may be eligible to claim Employment Insurance. If you have recently been laid off, we may be able to help. Tell us more.
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A regular layoff happens when an employer permanently terminates an employee due to lack of work. Proper notice must be given to the employee, who may be entitled to termination pay.
Termination with just cause happens when a worker is fired for significant wrongdoing, such as stealing, violence, other illegal activities or inappropriate behaviour at work. Termination without cause happens when a worker is terminated for no fault of their own - instead, they may have been laid off due to lack of work or because of structural changes at their workplace.
It depends on the circumstances of your termination. If an employee was not given notice and was terminated without cause, the employee is entitled to termination pay in lieu of notice.
Employees employed for less than 90 days (about 3 months) are not guaranteed a termination notice or pay in lieu of termination.
Employees who are terminated for just cause (e.g., theft) are not guaranteed a notice of termination nor pay in lieu.
If you are uncertain about whether or not you are entitled to termination pay, we recommend booking a free appointment with us.
We do not provide help regarding severance pay. If you require help determining whether the severance pay you have been offered is fair, you may wish to contact a lawyer.
In Alberta, overtime means all hours worked beyond 8 hours a day or 44 hours a week, whichever is more. This is referred to as the 8/44 rule: workers are entitled to overtime pay for hours that fall outside 8 hours a day or 44 hours a week. It is important to note that there are some industries and professions that are exempt from this rule and have different regulations related to overtime, such as federally regulated sectors.
In most cases, employees who work general holidays are entitled to pay at a rate of 1.5x their regular wage, or they can be paid the regular hourly wage and be provided with an equal amount of paid time off at their regular hourly wage on a future date.
Most employees are entitled to general holiday pay if the general holiday falls on a regular day of work. For example, if you always work Mondays and the holiday falls on a Monday, you may be entitled to general holiday pay. If the holiday falls on a Saturday and you usually have Saturdays off, you may not be entitled to general holiday pay.
There are 9 general (or statutory) holidays in Alberta: New Year’s Day (January 1), Alberta Family Day (the third Monday in February), Good Friday (the Friday before Easter), Victoria Day (the Monday before May 25), Canada Day (July 1, unless it falls on a Sunday, then it is July 2), Labour Day (first Monday in September), Thanksgiving Day (second Monday in October), Remembrance Day (November 11), Christmas Day (December 25).
Students under the age of 18 in Alberta can be paid as low as $13/hour for the first 28 hours worked in a week when school is in session. Any work beyond 28 hours must be paid at least $15/hour. This lower pay rate applies only to youth under 18 enrolled in an educational institution. Workers under the age of 18 who are not in school must be paid the general minimum wage of $15/hour.
The general minimum wage is $15/hour for most employees in Alberta.
We are not an immigration agency and cannot assist with any type of work permit. We suggest reaching out to an immigration lawyer or a registered immigration consultant for information on obtaining work permits.
We are not a recruitment or employment agency and cannot help with job searches. If you have recently lost your job, we may be able to support you in accessing income support. Tell us more
No. We are not lawyers and cannot provide legal representation. If you wish to pursue legal action against your employer in court, you can contact a lawyer in Alberta.
No. The Workers’ Resource Centre is a registered charitable organization that provides free services to Alberta workers through its casework and public legal education programs. We provide legal information to our clients to help them understand their options. We are not lawyers and cannot provide legal advice.
Our services are free for Alberta workers. We do not charge for casework appointments or for our public legal education workshops.
News & Articles
View All5 essential rules Alberta workers need to know
Whether you’ve been working for the last 20 years or you are starting your first job, something that many workers overlook are the laws that govern their work and their employers. In Alberta, these laws are referred to as Alberta Employment Standards, and they apply to most employees in the province. The only problem is Employment Standards — also known as pages and pages of rules pertaining to work in the province — can be a very long read.
READ MORE >>About WRC
At the Workers’ Resource Centre, we are dedicated to empowering Alberta workers. Our mission is to ensure that every worker understands their rights, and has the support they need to access their benefits, and file workplace-related complaints and appeals. We offer support with job loss, lost wages, Employment Insurance, workplace discrimination, injury and disability, and provide assistance to ensure workers’ basic needs are met.