Employment Statutes

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Part C: Provincial Employment Statutes (3 marks)

Compare Alberta's employment standards legislation with British Columbia's employment standards legislation in terms of how the two provinces define overtime, and how they compensate employees for working overtime.

Contrast Alberta's business benchmarks enactment and British Columbia's business models enactment as far as how the two areas characterize extra time, and how they repay representatives for functioning additional time.

Additional time can be characterized as number of hours worked in agreement to the Human Employment Act, which is 8 hours for the day or 40 for the week (44 on account of Alberta) (HR Policies and Employment Legislation, n.d.). Organizations need to stick to the …show more content…
She makes $20 per hour and has full medical, dental, and pension benefits. Her regular shift is from 6:00 a.m. to 2:00 p.m.; however, due to the section of the plant that she is in and the fact that this department is always short-staffed, Jane is often asked to work overtime. In fact, it is not uncommon for her to work fourteen-hour days. The collective agreement states that employees are paid at their regular rate of pay for all hours worked up to twelve hours; at the twelve-hour mark, double time must be paid for all remaining time. Jane finds out that the Employment Standards Act states that all time worked in excess of eight hours must be paid at one and a half times the regular rate, with double time being paid at the twelve-hour mark. She is upset that she does not get paid one and a half times her rate for hours in excess of eight, but less than …show more content…
All the workers whether union or non-union are covered by the Human Rights Act, workers compensation as well as the Employment Standard Act. However, the union workers may have additional benefits as stated in the collective agreement. I representing the management would state that Jane is also at fault because after finding out that she wasn't being paid overtime she did not pursue her issue to the union. Since she cannot negotiate the matter directly to the employer under the collective agreement she had to address the matter to the union. On the other hand, sometimes the union members terms of employment are governed by collective agreement which may be lower that the minimum employment standards legislation such as working overtime, hours of work. But even in some areas, the minimum employment standards in legislation cannot be breached such as minimum wage, employment of children etc. So according to me, the employer should compensate Jane for the amount of hours worked overtime. I would than take this issue up with higher management to make sure that the company does not do this going forward to avoid breach of Employment Standards Act and consider changing collective agreements with the terms set by BC employment standards act. Effective planning is essential in the way that new employees be hired in case the company losses too much money for giving away overtime. As per the BC employment
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