Question
Based of these resources answer the following questions: Alberta Employment Standards Code , R.S.A. 2000, c. E-9: http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-e-9/latest/rsa-2000-c-e-9.html Restoring Balance in Alberta's Workplaces Act, 2020:
Based of these resources answer the following questions:
Alberta Employment Standards Code, R.S.A. 2000, c. E-9: http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-e-9/latest/rsa-2000-c-e-9.html
Restoring Balance in Alberta's Workplaces Act, 2020:
https://www.qp.alberta.ca/Documents/AnnualVolumes/2020/ch28_2020.pdf
https://www.alberta.ca/employment-standards.aspx
https://www.alberta.ca/alberta-employment-standards-rules.aspx
Also do not use any other links that is not provided on top please?
1.Who does the ESC apply to? (1 mark)
2.Name two occupations the ESC does not apply to. (2 marks)
1.
2.
3.Your employer asks you to sign a contract that pays you a fairly high wage, but in exchange, asks you to agree that the ESC does not apply. Is that legal? Explain. (See s.4, ESC.) (1 mark)
4.How often does an employer have to pay an employee? (1 mark)
5.You have been working a lot of overtime and would like to see your money. Your employer says that she only pays out overtime at the end of the calendar year. Is this legal? Explain. (2 marks)
6.You recently gave two weeks' termination notice to an employee who worked for you for three months, but have decided to wait until after your month-long holiday to pay him out. Is this okay? Explain. (2 marks)
7.You also fired an employee who was caught stealing from the till, and have terminated him without notice, but have decided to wait until after your one-week holiday to pay him out. Is this okay? Explain. (2 marks)
8.Your employer keeps changing your shift and giving you very little notice of the changes. She says that as long as she gives you eight hours' notice, she is within legal limits. Is she? Explain. (2 marks)
9.The basic rules on rest periods are: (4 marks)
Generally minutes of rest for hours of work
Does the rest period have to be paid? __________________
At least day(s) off per week
10.The basic rules on overtime are (3 marks)
For over hours/day OR over hours/week: whichever is greater
Overtime pay must be at least x regular pay
11.The basic rules on holidays are: (2 marks)
Entitled to holiday or holiday pay if have worked for employer for __________________ days or more in preceding months
12.Your employer claims that Remembrance Day, Christmas Eve, Heritage Day and Boxing Day are regular working days, and that she has no obligation to pay you overtime or give you a day off for them. Is that legal? Explain .(2 marks)
13.The basic rules on vacation pay are: (2 marks)
Two weeks' vacation for first years of employment
weeks' vacation for five or more years worked
14.Which section says that an employer cannot fire a pregnant employee? (1 mark)
15.The ESC deals with termination of employment:
By employer
By employee
Notice periods
Layoff and recall
The minimum notice periods established by section 56 of the ESC are: (8 marks)
(Hint: make sure that your answers are exact.)
For when employer terminates employee
Notice period required
Time employed with employer
1 week
2 weeks
4 weeks
5 weeks
6 weeks
8 weeks
For when employee terminates employment
Notice period required
Time employed with employer
Three months - two years
Two years or more
(Or as is customary in the industry, or if personal health or safety at risk, or if wage, vacation, etc. reduced)
Part 2: The Government of Alberta
For Part 2, use the Government of Alberta website: http://www.employment.alberta.ca/Index.html to answer the following three questions.
16.When employees believe they have received less than minimum employment standards and are unable to resolve the matter with their employer, Employment Standards staff will investigate the matter on receipt of a written complaint. Employees who want to file a complaint with Employment Standards must file within of the date on which their employment terminated. (1 mark)
17.Restoring Balance in Alberta's Workplaces Act came into effect at the end of July this year. It made a lot of changes to the ESC.For instance, if an employer overpays an employee, the employee will no longer need to give the employer written permission for them to deduct an overpayment due to a payroll error or for vacation pay paid in advance. Do you think this is fair?Why or why not? (2 marks)
18.Prior to the passing of this new statute, (Restoring Balance in Alberta's Workplaces Act), an employer had to pay an employee's earnings no later than 3 consecutive days after the last day of employment, or no later than 10 consecutive days after the last day of employment, depending on whether or not the employee was dismissed for cause. Now, employers have up to 31 days after the last day of employment to pay employees any earnings which they are owed.The government thinks this will save employers money.Is it reasonable to ask employees to wait an extra 21 to 28 days for their last paycheques?Why or why not? (2 marks)
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