For Patric Trudel The Legislative Assemblies include Alberta has passed Bill 32 - the Restoring Balance in Alberta's Workplaces Act , a significant piece of legislation consist amendments to employment federal in Alberta. questioning circumstances relating to strike or lockout votes. Write your Alberta MLA and tell them you don't support U.S.-style labour legislation. Significant Changes to the Employment Standards Code, A Highlight of Employees would need to work for five hours before qualifying for a 30 minute break. Archived post. (2) An hours of work averaging agreement under this section may be part of a collective agreement, or if there is no collective 31 consecutive days after the last day of employment. Building trades unions will continue to certify their members on a craft-by-craft basis. Youth in the Workplace: The list of jobs available to youth aged 13-14 years old will expand to include positions in the restaurant industry, light janitorial work, coaching and tutoring and will no longer require a permit, provided the youth workers are working with someone at least 18 years old. Learn more about the radical changes to workers' rights in Alberta. The stated purpose of the Bill is to support economic recovery, restore balance in the workplace, and get Albertans back to work. The Bill was introduced on July 7, 2020 with the intention of providing clearer and more transparent rules, and reducing red tape for employers bringing employees back to work. Employers will not be legally obligated to reinstate an injured worker. Download Fightback Factsheet #3 - Bill 47 and Medical Review Panels. All rights reserved. Reddit, Inc. 2023. Employers can lay employees off for a longer period of time (90 days within a 120 day period). This information is not meant as legal opinion or advice. Under Kenney's law, overtime hours will now be averaged over an entire year, up from 12 weeks. Privacy Policy. This will effectively be the end of overtime as we know it for non-union workers in Alberta, says Alberta Federation of Labour President Gil McGowan. Medical panels are used by the workers compensation system to provide an impartial, independent decision-making process to resolve disagreements in medical opinion that arises between workers and the Workers Compensation Board (WCB). Under a 12-week averaging arrangement, the worker is owed 60 hours of overtime pay. Bill 32: Fixed that for you fact sheets - AFL Once again, this is profoundly undemocratic and it reflects an authoritarian approach to governance that is completely at odds with Canadian law and Canadian political traditions.. If employees in the construction sector choose a new union, the existing collective agreement will still apply until it expires. Bring back overtime pay for our hard working Albertans. August 25, 2020 By Patrick Trudel The Legislative Assembly in Alberta has passed Bill 32 - the Restoring Balance in Alberta's Workplaces Act, a significant piece of legislation comprising amendments to employment laws in Alberta. For instance, the UCP lists the objective of the legislation as: The proposed Restoring Balance in Albertas Workplaces Act will support economic recovery, restore balance in the workplace and get Albertans back to work. Employers can more easily hire 13 and 14-year-olds for certain types of jobs because they will not need to get a permit first. It permits overtime pay or time-off entitlements to be averaged over a 52-week period. Section 74(3)(b) of the existing Code will be removed, so employers will no longer have to meet minimum criteria before their requests for exemptions or variances can be granted.The Employment Standards Code is supposed to establish a floor of rights for all working Albertans. We do. Complaints: When a complaint is made against an employer about an employee being unfairly terminated, the employer will be responsible for proving they did nothing wrong. Help us fight against Bill 32! The UCPs economic recovery plans are failing. This site is a resource for workers who want to protect their rights at work. Industrial unions will be able to form 'all employee units' by representing all employees who work for the same employer, regardless of their trade. This would apply for matters including: Finally, the proposed legislation would repeal the legislated standard of review for Board review of grievance arbitration decisions. This allows greater flexibility to ensure that collective agreements are consistently serving their purpose. If an employer is unable to meet the four week notice requirement, written notice to the Minister would be required as soon as is reasonable and practicable in the circumstances. Notice to the Minister of a group termination is not required with respect to terminations of employees who are employed on a seasonal basis, or for a definite term or task. Further, specific timing requirements for written temporary layoff notices would be removed. It hits union and non-union workers alike with Labour Relations Code and Employment Standards Code changes. More than 5,000 responses were gathered from Albertans during our employment standards engagement. Specific timelines for certification and revocation processesare removed to reduce red tape. Workers refuse to be silent while basic rights are being undermined during a pandemic. In practice, this means that most employers will able to average away almost all overtime hours worked by their employees. Hours of work can be averaged over a maximum of 12 weeks for purposes of calculating overtime pay or time-off entitlements. Bill 32 permits overtime pay or time-off entitlements to be averaged over a 52-week period. Each tab above has educational information to be shared with coworkers, family, and friends. Bill 32 Amends the Employment Standards Code Bill 32 makes several significant changes to the Employment Standards Code ["ESC"]. You have a right to refuse to perform any work you think will injure you or your fellow workers, but Bill 47 rolls back your right to refuse unsafe work: Download Fightback Factsheet #1 - Bill 47 and The Right to Refuse Unsafe Work, Alberta Bill 1: Silencing the Government's Critics. Principal contractors can delegate authority for bargaining, with consent from the Minister of Labour and Immigration. Bill 32, the so-called Restoring Balance in Alberta's Workplaces Act, was passed into law on . While employers technically have an obligation to accommodate injured workers, Alberta no longer provides an effective way for workers to appeal when employers fail to meet this obligation. Arbitrators would also no longer be required to make decisions in accordance with the general principles of Canadian labour arbitration; the proposed change would allow a more Alberta-focused approach to decision making. All fields are required unless otherwise indicated. Changes to the major project rules would also allow: Under the proposed legislation, arbitrators would no longer have the power to provide relief from the grievance procedure time limits that are set out in collective agreements, which was a change implemented by the previous Government in Alberta. Mark my words, theyre going to ask for a variance that will exempt them from paying the minimum wage. goal is to minimize overtime costs for employers and rob . How to Calculate Overtime Pay in Alberta | Knit People Small Business If you have any questions, please do not hesitate to contact Walsh LLP and speak to one of the members of our employment law team. If employers break rules, they may receive a penalty, but the amount could be adjusted on a case-by-case basis. The changes aim to provide employees and employers with clearer and more transparent rules promoting fairness and productivity in the workplace. The changes will no longer differentiate between termination of employment by employer or employee, or whether termination notice or pay was required. From free speech to bargaining rights to workplace health and safety, laws in Alberta are being tilted against workers and threaten to make employers more powerful than ever. Extending hours of work averaging to such an extreme length suggests the policy . For more information, please see our This is authoritarian stuff., #5: Crushing freedom of expressionBill 32 amends sections 84.1(1) and 84.1(3) of the Labour Relations Code in ways that clearly contravene the right to freedom of expression. An unfair labour practice includes: Remedial certification already exists under the Labour Relations Code. Rest periods can be paid or unpaid, and can be broken down into two 15 minute breaks instead of one 30 minute block. #1: The End of Overtime in AlbertaAmendments to section 23.1 of the Employment Standards Code will give employers the almost unfettered ability to get around requirements to pay time-and-half for overtime. Workers who have refused unsafe work participate in the workplace investigation. The calculation can either be the total wages averaged over the number of days they work in (a) the four weeks immediately before the general holiday, or (b) the four weeks ending on the last day of the pay period that occurred just before the general holiday. It also includes some jobs in the food services industry if the youth is working with someone 18 or older and has their parents consent. It will also make it easier for employers to get approval for a variance or exemption to an employment standard. Industrial unions will be able to form all employee units by representing all employees who work for the same employer, regardless of their trade. These changes are detailed in Bill 32: Restoring Balance in Alberta's Workplaces Act, 2020. Alberta Bill 47: A fundamental attack on workplace health and safety. Bill 32:Restoring Balance in Albertas Workplaces Act, was introduced in the Alberta Legislature on July 7, 2020. Download Fightback Factsheet Issue #8 - Bill 32 and Arbitration. Early renewal of collective agreements would be permitted under certain conditions: Unions would face tougher consequences if they conduct certain unfair labour practices with respect to an application for certification to be the bargaining agent for a group of employees. Additional changes include, an HWAA no longer requiring an end date, and more flexibility to employers to determine how and if daily overtime applies. The Labour Board may review awards only in special circumstances. This part of the Bill is designed to demonize and defund unions, plain and simple. Once again, the SCC has ruled on secondary pickets, and they have determined that they fall under Charter protections on the freedom of expression.The new restrictions on picketing outlined in Bill 32 are clear violations of the right to free expression guaranteed by the Charter, says McGowan. It also includes some jobs in the food service industry if the youth is working with someone 18 or older and has their parents consent. Under Bill 32, the Code will permit an employer unilaterally to implement a written averaging arrangement for employees not covered by a collective agreement. This generally takes the form of a joint health and safety committee with equal representation from workers and the employer. Do NOT include personal information. Its also an undemocratic effort by the Kenney government to silence their critics and tip the playing field in favour of employers in the workplace and the UCP itself on the political stage.#4: Intimidation of workersBill 32 adds sections 26.1(3) and 26.1(5) to the Labour Relations Code. Arbitration will be used to help parties reach and renegotiate collective agreements. Certification & Revocation Timelines: Specific timelines for union certification and revocation processes will be removed and replaced with a more general rule that applications should be processed as soon as possible, no later than 6 months after the date of application. The changes detailed above are only a highlight of the total changes proposed under Bill 32 and do not represent a comprehensive list. Together, we can help all Albertans understand that a healthy economy and a healthy democracy depends on regular working people having rights, both in the workplace and on the political stage!Sign our Defend Worker Rights petition to join the fight! Whats the point of having rules when employers can simply opt out of them?#3: Defunding UnionsBill 32 adds section 26.1(1) to the Labour Relations Code. Employees can be laid off for a longer period of time (90 days within a 120 day period) without losing their job. Picketing would be deemed wrongful if it obstructs or impedes a person from crossing the picket line. No "Balance" Here: Bill 32 tips the scales against working Albertans Help get the word out and encourage others to speak out! See our fixed fact sheet. If a layoff was due to COVID-19, separate rules allow employees to be laid off for 180 consecutive days. a recovery of vacation pay paid to the employee in advance of the employee being entitled to it. Major construction projects can be approved by a minister instead of Cabinet. It is interesting that the UCP is choosing to frame this as red tape reduction on this fact sheet since it significantly increases red tape for workers unions and workload for the Labour Relations Board. Overtime must be paid out to the employee no later than 10 days after the pay period that the averaging period ends (which may be as long as 52 weeks). Whats happening here is that the UCP is giving themselves new tools to use against workers and citizens should they choose to mobilize strikes or protests against the UCPs agenda of cuts, privatization and polarization. This article provides a high-level overview of only some the key changes proposed by Bill 32. Highlights of Bill 32: Restoring Balance in Albertas Workplaces Act. Youll receive material from us that you can share with your friends. Unifor members in Alberta are organized and standing up to the UCP. Calculating general holiday pay would be simplified. The limits placed on peaceful protest and free speech in Bill 1 are almost certainly doomed to fail when court appeals are finally resolved, but the UCP government knows that. This allows the employer to average the accrued overtime hours to slower periods. Like most provinces, Alberta's overtime pay rate is 1 times an employee's regular pay rate. It is not a system designed around an us versus them approach, but rather were all in this together. All certification and revocation timelines would be removed. But somehow this is deemed acceptable if the targets are workers and labour unions. The act provides employees and employers with clearer and more transparent rules promoting fairness and productivity, including rest periods and temporary layoff notices. The summer pandemic has also provided him an opportunity to move quickly while other news captures the headlines and workers are tied up with health and financial issues. Unifor Western Regional Director Gavin McGarrigle. Any other form of reproduction or distribution requires the prior written consent of Miller Thomson LLP which may be requested by contacting newsletters@millerthomson.com. For shifts between five and 10 hours, at least one 30 minute break would be required. In an effort to prepare you for the proposed changes, we briefly highlight some key areas that will be affected. This is an affront to democracy and it reeks of authoritarianism.#6: Government intrusion into the affairs of private citizens and groupsBill 32 amends section 26 of the Labour Relations Code by adding section 26.1(11). Average daily wage will not include vacation pay and general holiday pay. The Code formerly permitted an hours of work averaging agreement to be made by an employer and employees. An Employer's Guide to Bill 32 The Alberta Government's new Bill 32: Restoring Balance in Alberta's Workplace Act proposes significant changes to both employment standards and labour relation laws in the province. Instead of properly mitigating workplace hazards, it dramatically shifts the training onus onto workers instead of employers. The so-called "Critical Infrastructure Defence Act" is an unprincipled attempt to criminalize dissent that you might expect to see in countries suffering under dictators rather than a Canadian province. Employers and unions can renew a collective agreement before it expires, so long as there is informed consent by affected employees. Employer deductions: Employers will be allowed to correct payroll errors and recover vacation pay paid in advance without an employees written authorization to deduct the amount from their paycheck. PDF Module 4 - Overtime Hours and Overtime Pay - Alberta On July 29, 2020, Bill 32, the Restoring Balance in Alberta's Workplaces Act ("Bill 32") received Royal Assent.. Bill 32 proposes several key changes to Alberta's Employment Standards Code and Labour Relations Code.This post outlines the most significant changes. Documents can be requested in alternative/accessible formats by emailingcommunications@unifor.org, Fighback Factsheet Issue #7 Bill 32 and overtime averaging, Fightback Factsheet Issue #7 Bill 32 and Overtime Averaging. and our Ministry responsible: Labour and Immigration. Averaging agreements are currently used in Alberta in order to schedule employees to work more than eight hours per day without incurring overtime by averaging the weekly hours they work over a specified period of time. This Bill proposes to amend Alberta's Employment Standards Code and Labour Relations Code.The stated purpose of the Bill is to support economic recovery, restore balance in the workplace, and get Albertans back to work. During an illegal strike the Board may order employers to suspend union dues. a recovery of an overpayment of earnings paid to the employee resulting from a payroll calculation error; and. The proposed legislation would reinstate the ability to renew collective agreements early. Opt-in Portion of Union Dues: The proposed changes mandate greater transparency for union spending and give employees the ability to opt-in to pay the portion of union dues that may go towards funding political parties and causes. This is the opposite of democracy. If a complaint is made against an employer, the employer will be responsible for proving they did nothing wrong only when the complaint is about an employee being unfairly terminated. If there is no collective agreement, it can be in an agreement with one employee or a group of employees. The proposed new average daily wage would average only the employees total wages over the number of days they worked in either the: Employers would have an expanded ability to make deductions from the earnings of an employee without the requirement to obtain the employees consent. And, as a result of Bill 32, that request will be granted. Fixing the rules to give even greater power to the rich and powerful will only hurt Albertas economic recovery. Under the proposed change to the legislation, there would be only one set of rules for all terminations of 50 or more people in a four-week period; employers would be required to give four weeks notice to the Minister of Labour when 50 or more employees are being terminated at a single location. Medical review panels will also be dismantled with the goal of saving government expenses rather than compensating injured workers. Bill 32, the so-called Restoring Balance in Alberta's Workplaces Act, was passed into law on July 29, 2020. But, in reality, theyre thumbing their nose at the labour movements robust internal system of representative democracy, which has traditionally been used to decide spending priorities, says McGowan. This publication is provided as an information service and may include items reported from other sources. Bill 32, the so-called Restoring Balance in Alberta's Workplaces Act, was passed into law on July 29, 2020. It permits overtime pay or time-off entitlements to be averaged over a 52-week . Spread the word, Alberta Bill 32: Trump-style Labour Law Comes to Alberta. Average daily wage will be the employees total wages averaged over the number of days they worked in the: Employers can start an hours of work averaging arrangement by giving employees 2 weeks notice, rather than getting employees consent first. If you have any questions about our information practices or obligations under Canada's anti-spam laws, please contact us at privacy@millerthomson.com. Legislation specifies when remedial certification can be used, such as when no other remedy is sufficient to counteract the impacts of the employers misconduct and the true wishes of employees cant be determined. This represents an unprecedented level of government intrusion into the decisions of private citizens and the internal affairs of private groups. Employershave more clarity and certainty on major construction projects, encouraging investment. By painting targets on the backs of workers who choose to fully participate in the activities of their unions, this part of Bill 32 clearly contravenes constitutional guarantees related to freedom of association.These votes will be about as free and fair as votes conducted in authoritarian countries like Russia and China, says McGowan. This allows the employer to average the accrued overtime hours to slow periods, during which the worker might have only been called in for 20- or 30-hour weeks. Why Knit. Restoring balance in Alberta's workplaces, Rules for union dues election and financial statements, Labour union dues and financial disclosure engagement. It contains noteworthy changes to laws on termination and layoff restrictions, payroll deductions and pay calculations, youth employment, union dues and disclosure requirements, and strikes, lockouts and picketing. Only imposes the more general requirement that employers must ensure workers are adequately trained in all matters necessary to perform their work in a healthy and safe manner. The rest period can be within or immediately after the 5 hours of work, or at any time mutually agreed upon by the employer and employee. During the process, WCB can reduce or terminate an injured workers benefits via a process known as deeming. The Board must first determine that a representation vote does not reflect the true wishes of the employees in the unit because of an unfair labour practice. Changes to Alberta Employment Law. Again. - LawNow Magazine The union would no longer be able to penalize a union member for taking a job outside of the union if: A number of changes would impact the construction industry specifically, including the following. Employers are obligated to reinstate an injured worker and accommodate them. For the purposes of the Bill, almost everything we do is deemed political, a blatant mischaracterization that the UCP is using to discredit unions in the eyes their members and the public. There would be a justifiable outcry and legitimate claims of government overreach. Types of jobs include light janitorial work in offices, coaching and tutoring. Employers have a duty to accommodate disabled workers through human rights legislation. And it could be used by employers to run campaigns to decertify the union. Under the proposed legislation, first contract arbitration would become an option of last resort. The Board could only declare that a dispute be resolved by arbitration if: Picketing and secondary picketing would be subject to stricter rules. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Employees would have to opt-in to the payment of union dues that are unrelated to core union activities. Caron & Partners LLP Your Alberta Law Firm. Strategic, practical This new section divides all union spending into two buckets: bucket A, which includes collective bargaining and grievance handling; and bucket B, which includes everything else (organizing, education, lobbying, public and political advocacy, work with allies, support for charities, etc. financial contribution or other support by the employer to a union. Types of jobs include light janitorial work in offices, coaching and tutoring. Automated wage calculations, direct deposits, and control filings. Alberta's Bill-32 Changes Reduce Workers' Overtime Choice and Pay This is not a partisan campaignbut the UCP has picked a fight with working people and we're going to fight back. Proposed Alberta Employment and Labour Changes | 2020 Unions will need to provide financial statements to their members when their fiscal year ends. Then, remedial certification can be ordered only if no other remedy would be sufficient to counteract the effects of the prohibited practice. The amendments proposed in Bill 32 will enhance employers' opportunities to avoid paying OT premiums. This is geared towards bad employers who will reduce their red tape by saving time since they wont have to give notices for shift changes and layoffs and money since they wont have to pay workers overtime pay or pay them in a timely manner when they lay them off. Jason Kenney goes after Albertans' overtime | Unifor National Bill 47 was tabled on November 5, 2020 to amend the Workers Compensation Act and replaces the Occupational Health and Safety Act in its entirety. "Field Law", the Field Law logo and "Because Clarity Matters" are registered trademarks of Field LLP. Picketing would be deemed wrongful when it obstructs or impedes a person from crossing a picket line. Bill 32 is a response to issues raised. After all, if strong health and safety provisions are not in place and enforced by the employer, it is workers who are in danger. Focus areas Employment law Major changes for Alberta with Bill 32 Life may be easier for employers with alterations around overtime pay, mass dismissals, pay deductions and union dues By John Dujay Unions and employers can renew a collective agreement before it expires, so long as there is informed consent by affected employees. As the name suggests, this framework currently requires the consent of employees to implement; it is an agreement between an employer and its employees. Unions cannot discipline employees if they take significantly different work from a different employer. Arrangements could have an averaging period of up to 52 weeks. And its certainly not about restoring balance. Layoffs: Employers will be able to lay off employees for a longer period of time, increasing the time from 60 to 90 days within a 120 day period. Download Fightback Factsheet #4 - Bill 47 and Safety Training. Group Termination Rules: There will no longer be different rules for terminations depending on the number of staff being terminated. The proposed legislation would provide better protection for members who seek employment outside of the union. A Return to Balance or Empowering the Powerful? Alberta's Bill 32 Averaging Arrangements: Employers of non-unionized employees may impose an averaging arrangement . : r/Albertapolitics 1 hr. This change will not affect building trade unions who will continue to certify their members on a craft-by-craft basis and international unions who will still follow existing rules in provincial collective agreements. There is one set of rules for all terminations of 50 or more people in a 4-week period rather than different requirements depending on the number of staff being terminated.