Labour Law Study Notes
Job Safety
And The Law
It is against the law for anyone to
force you to do work that you
think is unsafe.
For example: If you or a coworker are in imminent danger.
OH&S Act
Each province in Canada has
it’s own Act. It specifies the
safety standards designed to
protect the health and safety of
workers.
• It also includes
the rights and
duties required
of both the
employers and
of the workers.
In Alberta:
• both employers
and workers are
responsible for
safety in the
workplace
An employer is:
A) a person who employs one or
more workers or
B) A person who is self-employed
A worker is:
• Any person
working at a
job.
• You need to know your
rights
• and what is expected of
you.
Imminent Danger
Any danger that is not normally
found in the job, or a danger
under which a person doing that
job would not normally carry out
his/her work.
Who is covered by the OH&S Act?
Most workers and employers, except:
• Domestic workers ( such as nannies or
housekeepers).
• Federal government workers
• Workers in industries regulated by the federal
government ( banks, television and radio
broadcasters, national transportation
companies).
• Farmers and other agricultural workers.
You employer must look after you
safety!
They must:
• Make sure workers are competent (make sure
you have the training to do the job well).
• Provide the safety equipment and training.
• Train workers to handle dangers or dangerous
products.
• Investigate accidents that cause serious
injuries/incidents that could cause serious
injuries.
Every Worker Shall:
• Take reasonable care to
protect his/her own health
and safety as well as the other
workers present while at work
and…
• Co-operate with the employer
to protect the health and
safety of self and other
workers at the workplace.
Canadian Charter
of Rights and Freedoms
Canada in the 21st Century
• As Canadians, we are blessed with incredible
freedom.
• There is also a lot of hardship, evil, and more
and more persecution. Examples:
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Crime and gangs
Abortion
Divorce and the redefinition of family
Pornography
Drugs
How did this come to be?
• One factor is that as a country, we have pushed God out of the public
square (our courts, Parliament, etc).
• We have replaced God with our own standards of right and wrong.
• Pierre Elliott Trudeau
• 1982 – Charter of Rights and Freedoms
– Becomes part of our constitution (Constitution Act)
– Effectively replaces the Bill of Rights
Rights, Responsibilities, and Privileges
 What is a right?
◦ An entitlement, that comes from someone who has
the authority to give it (e.g. life). Usually it can not be
taken away.
 What is a responsibility?
◦ Something which must be performed as an obligation
or duty. Responsibilities are necessary for rights to
exist (e.g. uphold the life of our neighbour).
 What is a privilege?
◦ A benefit that comes from a particular position which
can be removed, changed, or increased (e.g. holidays).
Charter Preamble
“Whereas Canada is founded upon principles that
recognize the supremacy of God and the rule of law:”
– Supposed to set the context for the rest of the Charter.
– Is now referred to as the “embarrassing preamble” and ignored.
– But if rights require a rights-giver, and if our country doesn’t believe in
God, then where do these rights come from?
Section One
“The Canadian Charter of Rights and Freedoms guarantees
the rights and freedoms set out in it subject only to such
reasonable limits prescribed by law as can be demonstrably
justified in a free and democratic society.”
• Even rights have limits
– Can you think of examples?
Section Two
Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication;
c) freedom of peaceful assembly; and
d) freedom of association.
Section Three
“Every citizen of Canada has the right to vote in an election of
members of the House of Commons or of a legislative
assembly and to be qualified for membership therein.”
Section Seven
“Everyone has the right to life, liberty and security of
the person and the right not to be deprived thereof
except in accordance with the principles of
fundamental justice.”
– Who does this apply to?
Sections 8-10, 12
8. Everyone has the right to be secure against
unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily
detained or imprisoned.
10. Everyone has the right on arrest or detention
a) to be informed promptly of the reasons
therefor; b) to retain and instruct counsel
without delay and to be informed of that right; …
12. Everyone has the right not to be subjected to
any cruel and unusual treatment or punishment.
Section 15
15. (1) Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of the
law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.
Section 28
• Notwithstanding anything in this Charter, the
rights and freedoms referred to in it are
guaranteed equally to male and female
persons.
Important things to remember
• The Charter is meant to protect people from actions by our
governments.
• What happens when rights conflict?
– E.g. a minister being asked to perform a wedding for a
couple that he believes shouldn’t be married?
• The Supreme Court of Canada
– Perhaps the highest authority in Canada
– Decides how the Charter should be interpreted.
Dangers from the Charter
• The vague wording gives a lot of power to judges to interpret
it as they see fit.
• They tend to interpret it using a humanist worldview.
• Judges and courts are given the power to trump what
Parliament says.
• Focused on “me first” at the expense of the vulnerable.
• Lacks a moral foundation.
Classroom Charter
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Rights:
Responsibilities:
Privileges:
Judge?
Labour Laws
Adolescents
An adolescent is define as an individual who is 12, 13 or 14 years of age.
They can only work at certain job that have been approved.
Such as:
* A delivery person ( flyers and newspapers; for a small retail store)
* A clerk in a retail store
* A messenger in an office
* Certain restaurant and food service industry job ( with restrictions)
If job is not on the approved list, the adolescent must have a permit before
they can begin work. As well as the employer and the employees’ parents.
Restrictions
Adolescents are not allowed to perform any duties that are
potentially dangerous such as operating deep fryers, grills
or sliders ( or in areas where they are in operation).
The adolescent must be in the continuous presence of
someone who is at least 18 years old.
The employer must ensure health and safety under the
OH&S Act.
They cannot sell/ serve alcohol or be in presence of people
smoking
Duties in a Restaurant:
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Host/hostess
Cashier duties
Dish washing
Bussing tables
Waiting tables
Providing customer service
Assembling orders or cleaning
Adolescents may not work:
More than two hours on a school day
More than eight hours on a non-school day
Between 9:00 pm and 6:00 am
Basically, an adolescent employee is
protected so that an employer cannot
harm their:
Life
Health
Education
Well-being
Jobs considered harmful to adolescents:
Permits are not given for these types of jobs.
*Construction
*Anything that requires heavy lifting
*Working with/near moving vehicles/ equipment
*Working with potentially hazardous equipment (
drills, fork lifts, hand grinders, welding equipment,
hammers, sharp knives, blowtorches, conveyers for
bulk materials)
Young Persons
• The Employment Standards Regulation places
restrictions on employees who are under 18
years of age.
• People who are under 16 years old are required
to attend school.
• He/she may not be employed during normal
school hours, unless they are unrolled in an offcampus education program provided under the
School Act.
Young Persons
-is defined as a person who is 15, 16 or 17
They may work at any type of job.
But if they are working in the following businesses:
Selling food/ drinks-whether alcoholic or not
Selling any other commodities, goods or merchandise
Selling gasoline/ diesel/ propane etc.
Hotel/ motel or any other place that provides overnight
accommodation
They must be in the presence of an
adult between 9: 00 pm and 12:01 am
And are not allowed to work at all
between 12:01 am and 6:00 am.
If a young person is working in a
business that is not listed above,
they can only work between 12:01
am and 6:00 am
IF…….
And the young person is in the continuous presence of someone one who
is 18 year or older
THEIR PARENT/ GUARDIAN
PROVIDES WRITTEN CONSENT
Employees under 18 have the same rights
and responsibilities as an adult employee:
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They are entitled to:
Vacation pay
over time
Minimum wage
General holiday pay
And all other right under the code and regulations of
the Employment Standards
Overtime
What is it?
Either:
A) Working over 8 hours a day
Or
B) Working over 44 hours a week
*All employees must be paid overtime for overtime
hours worked.
How Much is it?
Overtime must be paid at :
1.5 times the regular wage
Example: regular wage of $9.75/ hr
Overtime= 1.5 x
= $9.75 + $4.88 gives you -$14.63 /hr
Employee Exemption:
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Farmers
Domestic workers
Sales people( land, real estate and insurance agents)
Managers, supervisors
People employed in a confidential capacity
Instructors/ Counselors of non-profit org
Municipal police officers
Employees covered by other Acts ( academic staff)
Extras in a film or video production
Professionals (engineers, architects, lawyers,
psychologists)
Why the Exemption?
• Some employees are not paid
on a normal hourly rate.
For example: people whose jobs pay them
through commission, piece work, flat rate,
mileage or incentive pay.
In these situations minimum wage is used
to for the purpose of calculating overtime.
Payment Earnings
Earnings include:
Wages
Over time pay
Vacation pay
General holiday pay
Termination pay
Minimum Wage
• The minimum wage in Alberta is set out in the
Employment Standards Regulation and is $9.75/ hour
- for most employees
If you serve liquor as part of your regular job it is $9.05/ hr ( due
to potential tips).
Minimum $ 376/ week for many sales people, land agents and
certain professional (1, 504/ month).
Minimum wage of $ 1, 791/ month for domestic employees(if
living in employers’ residence-$9.75 if not).
Exemptions of Minimum Wage
Real estate brokers
Insurance sales- if paid entirely by commission
Students in a work experience or off-campus
educational program
Extras in a film or video production
Counselors/ instructors ( who are non-profit or for
religious purposes)
Farm employees
Pay Period
• The maximum pay period that can be used by
an employer to calculate your earnings is
one- month
• An employer can have shorter pay periods
such as daily, weekly, bi-weekly or semimonthly.
• Employees must be paid with 10 days after
the end of each pay period.
Pay Reductions
• If an employer wants to reduce any thing
from the employee’s pay (wage, overtime
etc.) the employee must be notified before
the start of the pay period and also be told
which reduction is to take place.
• BUT- these rates must always be at least the
minimum required by the legislated
standards.
TERMINATION!
• When an employee loses or quits a job
• The employee must be paid no later than 3
consecutive days after the last day of work- if the
employer is required to give notice.
• If the employer is not required to give termination
notice or termination pay- the employee must be
paid within 10 consecutive days after the last day of
work.
• If the Employment Standards Code requires
an employee to give notice and he/she
quits without providing the required noticethe employer can delay payment until 10
days after your notice would have been
expired- had you given it.
Legal Deductions From Earnings
• The CODE allows certain deductions to be made from
employees earnings for Income Tax purposes.
• Such as: Canada Pension Plan
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Employment Insurance
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Alberta Health Care premiums
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As well as deductions from judgment or order of a
court.
• If an employer wants to make other deductions, written
permission must be obtained from the employee.
• If an employer wants to make other deductions,
written permission must be obtained.
• For example- company pension plans
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dental plans
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personal charges to company credit card
*Usually these deductions are discussed when the
employee starts the job.
• There are some deductions that are
not allowed, even with written
authorization form the employee.
• You cannot take deductions for faulty
workmanship, cash shortages or loss of
property where more than one person
has access to the cash or property.
Hours of Work
“ An employee may work a maximum of 12 hours in
a day.”
Unless…
A) an emergency occurs
-urgent work is necessary
- an accident occurs
-unpredictable
B) the Director of Employment
Standards gives a permit authorizing
the extension of the hours past 12
hours.
Rest Periods
An employee is entitled to at
least 30 minutes of rest
(break) in each shift-if it is
longer than 5 hours.
• If an employee is not able to take
his/her 30 min break-then it must be
paid for.
• But if the shift is less than 5 hours- the
employer does not have to give a rest
period
• The 30 min can be taken as two 15
min or three 10 min breaks.
Days of Rest
An employee must have
1 day of rest per each
week of work.
After 24 consecutive days of
working, employees must be
provided with at least 4
consecutive days of rest