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employement standard

(2006-01-04 19:30:25) 下一个
  • Employment Standards

    for Employees and Employers in the

    Restaurant/Hospitality Industry

    Under the Employment Standards Code, both employers and employees have certain rights and responsibilities in the

    workplace.

    • An employee is expected to perform the job duties and meet or exceed the expectations of their employer.

    • An employer must comply with the rules established in Alberta’s Employment Standards Code.

    Together with the Alberta and Canadian Restaurant and Food Services Associations, the following information has been

    prepared to help employees and employers understand employment standards issues that apply to the restaurant and

    hospitality industry.

    Minimum Wage

    1. What is Alberta’s minimum wage?

    The minimum wage for all employees, including students

    under the age of 18, is $7.00 per hour.

    Statement of Earnings

    2. Does an employer have to provide employees

    with an explanation of their pay cheque?

    Yes. When employees receive their pay cheque they must

    receive a statement showing their hours of work and rate

    of pay for both regular and overtime hours as well as any

    deductions from earnings and payments for vacation or

    statutory (general) holiday pay.

    Payment of Wages

    3. What payment must employees receive when

    they report to work as scheduled or as requested

    and there is no work available or work is provided

    for only a short period?

    Employees must receive an amount which is at least equal

    to 3 hours pay at minimum wage. Currently this amounts

    to $21.00 (3 hours x $7.00 per hour).

    Example:

    1.5 hours worked times the employee’s regular rate of

    $10/hour = $15. The $15 payment is less than $21.00.

    Therefore, the employee must receive at least $21.00 for

    this time worked.

    4. If an employee asks to leave work after

    working for less than 3 hours, are they entitled to

    be paid the equivalent of 3 hours at minimum

    wage?

    No. The employee is only entitled to wages for the hours

    actually worked and the 3 hour minimum requirement does

    not apply. The employer must be able to demonstrate,

    however, that the employee voluntarily chose to make the

    request. A good practice is to have the employee initial the

    time sheet to verify that leaving early was at the employee’s

    request.

    Example 1:

    After 2 hours, an employee asks to leave to attend a parentteacher

    meeting. The employee is entitled to be paid for the

    2 hours only.

    Example 2:

    A waiter reports to work as scheduled. The employee is

    given the choice of alternative work at their usual rate of

    pay or going home. If the employee chooses to go home,

    no pay is due as no work was performed.

    5. If an employee is only available to work for a

    period of less than 3 hours, what must they be

    paid?

    The employee must be paid for the actual hours worked.

    The three hour minimum requirement does not apply.

    Example:

    A student is only available for 2 hours of work. The

    employee is entitled to be paid only for the 2 hours.

    6. Is payment required if an employee reports to

    a work site as scheduled and there is no work but

    the employee is required to remain on the site

    ready for work?

    Yes. An employee is considered to be working from the

    time their shift was scheduled to begin and must be paid

    from that time on.

    7. Is an employee entitled to be paid for work

    performed before or after their shift for duties

    such as clean-up, getting their float, reviewing the

    menu, cashing out or making bank deposits?

    Yes. These duties are work and are to be paid at regular or

    overtime rates, as appropriate.

    Page 1

    (Payment of Wages Cont.)

    8. Must employees be paid when they are being

    trained for their job?

    An employee must be paid when they work or perform a

    service for their employer. Once hired, employees receiving

    training are performing a service for the employer and are

    entitled to be paid for all hours worked.

    If training is provided or required before hiring, the

    prospective employee is not required to be paid for this

    time. However, the employer must be able to demonstrate

    the employee is not working or providing a service to the

    employer.

    Note: “Job Shadowing” before an employee has been hired

    does not have to be paid time as long as the employee is not

    performing the services done by established employees.

    Tips

    9. Are tips wages?

    No, tips are not considered wages and are not covered

    under the Employment Standards Code. Each work place

    decides how tips are to be handled among employees.

    Deductions From Earnings

    10. What deductions can an employer make from

    an employee’s earnings?

    Deductions required or permitted by law or order of a

    court, including deductions for CPP, EI, income tax,

    garnishees or court judgements, can be made from earnings

    without the employee’s permission or approval.

    All other deductions must be personally authorized in

    writing by the employee, or by a collective agreement that

    applies to the employee.

    11. Can an employer deduct from an employee’s

    earnings if there are cash shortages or lost

    property and the employee was the only one to

    have access to the cash or property?

    Yes, but only if the employee had sole access to the cash or

    property and the employer obtained written permission

    from the employee to deduct for specific cash shortages or

    property. The authorization must state the date and dollar

    amount of the shortage. The employee must be allowed to

    count the float at the start of the shift and be present during

    the cash-out to verify the shortage.

    12. Can an employer deduct an amount for cash

    shortages or lost property if more than one

    individual has access to the cash or property?

    No. A deduction cannot be made and an employee cannot

    authorize a deduction under these circumstances.

    13. Can an employer require an employee to

    supply a “float” with their own money?

    No. An employer can not require an employee to supply

    their own float. However, an employee can voluntarily use

    their own money.

    14. Can a deduction be made from an employee’s

    earnings for unpaid customer bills (i.e. dine and

    dash), dish breakage or other types of faulty

    workmanship?

    No.

    15. Can an employer make a deduction for a

    uniform or other work clothes that the employee is

    required to wear during working hours?

    Yes, but the deduction can only be made with the written

    approval of the employee.

    A deduction for a uniform cannot be higher than the

    employer’s actual cost of the uniform.

    16. Are there other restrictions on uniforms and

    deductions for uniforms?

    Yes. Deductions made from an employee’s wages cannot

    reduce the employee’s earnings below the minimum wage.

    Therefore, if the employee is earning minimum wage, no

    deduction can be made.

    When the employee has paid for the uniform, it becomes

    their property and the employer cannot require the uniform

    to be returned without compensating the employee.

    When the employer has paid for the uniform it remains

    their property and the employer is entitled to the return of

    the uniform when employment ends.

    17. Where a deduction from an employee’s

    earnings is not permitted, can an employer require

    the employee to make the payment in cash or by

    other means?

    No. Where a deduction cannot be made directly, it can not

    be made indirectly.

    Meetings

    18. Must an employee be paid for attending a

    meeting?

    Yes. An employee must be paid:

    • if attendance at the meeting is mandatory and the

    employee attends, or

    • if attendance at the meeting is optional but the meeting

    is directly related to the employee’s work or the employer’s

    business and the employee attends.

    The employee must be paid the wage rate agreed to for

    meetings which must be at least minimum wage. If

    overtime is applicable, it must be paid.

    Page 2

    Work Breaks

    19. Must an employee be paid for a rest period?

    No, as long as the employee is not doing any work.

    20. Must an employer provide lunch or coffee

    breaks?

    An employer must allow an employee at least one half hour

    of rest time, either paid or unpaid, during each shift that is

    longer than 5 consecutive hours. The break does not need

    to be continuous and could consist of 2 fifteen minute

    breaks.

    Note: There are some situations when an employer need

    not provide a break, including when an accident occurs or

    urgent work is necessary.

    21. What is a split-shift and what rules apply?

    A split-shift occurs when the employee’s workday consists

    of two or more separate periods of work. The split-shift,

    including all breaks, must be confined within a period of

    12 consecutive hours in any work day. For each split-shift

    an employee is entitled to be paid for the hours worked at

    their applicable wage rate, or at least 3 hours pay at

    minimum wage, whichever is greater.

    Example:

    An employee is scheduled to work from 11:30 a.m. to

    2:00 p.m. (21/2 hours) and from 5:00 p.m. to 7:00 p.m.

    (2 hours). This creates a split-shift and the employee must

    be paid for the hours worked during each shift at their

    applicable rate or 3 hours at minimum wage, whichever

    is greater.

    Note: If an employee asks or can only work for less than 3

    consecutive hours, the employer can pay only for the actual

    hours worked.

    22. Do meal or coffee breaks create a splitshift?

    No, a split-shift is not created if the meal break is one hour

    or less or if the break is a legitimate coffee break.

    Example:

    The employee works from 6:00 a.m. to 2:00 p.m., takes

    coffee breaks from 8:00 - 8:15 a.m. and 1:30 - 1:45 p.m.,

    and a meal break from 10:30 - 11:30 a.m. No split-shift is

    created.

    Example:

    The employee works from 6:00 a.m. to 2:00 p.m. and takes

    a meal break from 10:00 - 11:30 a.m. (11/2 hours). A

    split-shift is created. The coffee breaks cannot be added to

    the meal breaks, unless an employee asks for a longer break

    and the employer agrees to it.

    Work Schedules

    23. Must an employee be informed of their work

    schedule?

    Yes, an employee must know when work starts and work

    ends.

    Note: It is acceptable, where the circumstances require, to

    schedule an employee to work “from 6 p.m. to the close of

    business”.

    24. How must an employee be advised of their

    work schedule?

    The employer must post the work schedule where it can be

    seen by the employees or by other ways that are appropriate

    to the work place.

    Example:

    Giving employees a copy of the work schedule may be one

    of the ways to inform staff.

    For more information on general holiday pay, vacation pay,

    termination pay, maternity or adoption benefits and any

    other additional information, contact:

    Employment Standards information at 427-3731.

    If you are outside of Edmonton, it is toll free call by

    dialing 310-0000 first.

    Or visit us at the Employment Standards website at:

    http://www.gov.ab.ca/hre/employmentstandards

    Employment Standards now has an automated fax back

    system. This system allows you, wherever you are in

    Alberta, to have information faxed by simply entering your

    fax number. Please note that only employment standards

    information is available to you by this means. To access

    the fax back system, call 427-3731 and press 6. If outside

    of Edmonton, dial 310-0000 first.

    Page 3

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