alberta labor laws (regarding breaks)?

[Grip172]

so i just started this PT job at this warehouse and they tell me that you only get a break AFTEr working 4 hours...so in an 8 hour shift.you only get either 2 15minute breaks or a half hour..

that's fuckin bull shit..and yes, i already talked tothem whether they are paid/unpaid.

from what i'm used to, you are entilted to a PAID 15minute break every 2 hours..sooo in my 6 hours, i should get two PAID 15minute breaks...but the fuckass tells me that i only get ONE 15 minute break
what's going on haha

wait..is AB different from BC? maybe that's it

[mo_money2supe]

To my understanding, in Alberta, you are entitled to paid 15 min breaks every 4 hours, so 2 15 min breaks in an 8 hour day should be supplied and paid for. Anything more is dependent on each company.

[BlackArcher101]

Wow... you sound like a spoiled kid who just had something taken away from him.

Your employer is correct. In a 8 hour day, the minimum is two paid 15 minute breaks. Deal with it.

[jdmXSI]

Hey there has been days where i have worked 15 hours with an 45 min break, it's life ya gotta deal with it!

Good luck in the new job:thumbsup:

[JordanAndrew]

Paid breaks?? I know you're entitled to a break if you work a minimum of 5 hours but your employer doesn't have to pay you for it. So it serves as a benefit.

So for your case, you're really only entitled to a 30 minute break or two 15 minute break but don't expect them to be paid breaks unless that's what they've told you before they hire you.

I'm a server and I'm used to 9-14 hour shifts and I'm lucky to get a 30 minute break but that's what serving is, lots of hours.

[JordanAndrew]

ALBERTA EMPLOYMENT STANDARD CODE (http://www.qp.gov.ab.ca/documents/acts/E09.cfm)

Division 3, Section 18 clearly states

Every employer must allow each employee a total of at least 30 minutes of rest, whether paid or unpaid, during each shift in excess of 5 consecutive hours of work

Hate to break it to you man but your employer has got you on that one. Unless you have something in writting with both you and your employer's signiture agreeing that you get paid breaks every 4 hours, you are SOL.

[adam c]

being a former manager and having to abide by alberta labour laws, this is how it works

Employers are not entitled to pay you for your breaks

3.5 hours to 5 hours entitles either a 15 minute break or some kind of compensation, ie if u work in fast food, a free meal or sandwich or something

and over 5 hours entitles a 30 minute break

[JordanAndrew]

Originally posted by adam c
being a former manager and having to abide by alberta labour laws, this is how it works

Employers are not entitled to pay you for your breaks

3.5 hours to 5 hours entitles either a 15 minute break or some kind of compensation, ie if u work in fast food, a free meal or sandwich or something

and over 5 hours entitles a 30 minute break

15 minute breaks every 3.5-5 hours? That was probably your company policy or just you being nice, but if employers just stick with the law, if you work a 3.5 hour shift, you don't get any break. Like what I said, unless you work 5 consecutive hours, you don't get any break.

In short, you are entitled to a 30 minute UNPAID break every 5 hours. It is up to your employer if they want to pay for your break.

[adamc]

I work rigs, and there's no such thing as a break, or labour laws.


:P

[Team_Mclaren]

Originally posted by JordanAndrew


15 minute breaks every 3.5-5 hours? That was probably your company policy or just you being nice, but if employers just stick with the law, if you work a 3.5 hour shift, you don't get any break. Like what I said, unless you work 5 consecutive hours, you don't get any break.

In short, you are entitled to a 30 minute UNPAID break every 5 hours. It is up to your employer if they want to pay for your break.

no, 3.5 hour shift will net you a 15min break. 6 hours will get you a 30mins break. that is, as far as i can remember...

[JordanAndrew]

Originally posted by Team_Mclaren


no, 3.5 hour shift will net you a 15min break. 6 hours will get you a 30mins break. that is, as far as i can remember...

Hmm, that is odd, I've always been told that you're entitled to 30 minutes for every 5 consecutive hours. I've also taken basic employment labor laws in class. Are you sure those weren't just company policy that you remember? I have the whole quote of the actual section;

Rest periods

18 Every employer must allow each employee a total of at least 30 minutes of rest, whether paid or unpaid, during each shift in excess of 5 consecutive hours of work unless

(a) an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur,

(b) different rest provisions are agreed to pursuant to a collective agreement, or

(c) it is not reasonable for the employee to take a rest period.



There is no place where they say employers are required to give 15 minute breaks every 3.5 hours. :dunno:

[jmc]

http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/1031.html
Daily Rest Periods
During each shift in excess of five consecutive hours of work, an employee is entitled to at least a one-half hour break, except where it is unreasonable or impossible. The break can be paid, or unpaid, at the employer's discretion.

This means that where a shift is less than 5 hours in length the employer is not obliged to provide a rest period. Where the shift is longer than 5 hours (e.g. 8 or 9 hours) the obligation of the employer is to provide at least 30 minutes of break time sometime during the shift. The 30 minutes can be taken in one unbroken period but may be provided as two 15-minute or three 10-minute breaks.

This, of course, is the minimum standard, and in practice for a full day shift the amount of break time provided is frequently more than the specified minimum.

(there are more details and exemptions)

[D. Dub]

Originally posted by Grip172
so i just started this PT job at this warehouse and they tell me that you only get a break AFTEr working 4 hours...so in an 8 hour shift.you only get either 2 15minute breaks or a half hour..

that's fuckin bull shit..and yes, i already talked tothem whether they are paid/unpaid.

from what i'm used to, you are entilted to a PAID 15minute break every 2 hours..sooo in my 6 hours, i should get two PAID 15minute breaks...but the fuckass tells me that i only get ONE 15 minute break
what's going on haha

wait..is AB different from BC? maybe that's it

You kids are funny :D

[Lex350]

Originally posted by Grip172
so i just started this PT job at this warehouse and they tell me that you only get a break AFTEr working 4 hours...so in an 8 hour shift.you only get either 2 15minute breaks or a half hour..

that's fuckin bull shit..and yes, i already talked tothem whether they are paid/unpaid.

from what i'm used to, you are entilted to a PAID 15minute break every 2 hours..sooo in my 6 hours, i should get two PAID 15minute breaks...but the fuckass tells me that i only get ONE 15 minute break
what's going on haha

wait..is AB different from BC? maybe that's it


just more incentive to get a proper education...:thumbsup:


You need to understand that to people that have been in the work force full time for quite some time...this sounds really trivial. You are in for a rude awakening in years to come.

[sexualbanana]

Originally posted by Grip172
sfrom what i'm used to, you are entilted to a PAID 15minute break every 2 hours..sooo in my 6 hours, i should get two PAID 15minute breaks...but the fuckass tells me that i only get ONE 15 minute break
what's going on haha


According to your math, wouldn't you be getting 3 paid breaks?? And unless you're from another province, that still doesn't sound right.

[ken-gsr]

Originally posted by adam c
being a former manager and having to abide by alberta labour laws, this is how it works

Employers are not entitled to pay you for your breaks

3.5 hours to 5 hours entitles either a 15 minute break or some kind of compensation, ie if u work in fast food, a free meal or sandwich or something

and over 5 hours entitles a 30 minute break

you must have been a manager at McDonalds lol. yeah - me to...

[WWJAI]

If you don't like the company policy regarding breaks...here's an easy solution...JUST QUIT. You've just started so it's not biggie.

I use to work 10 hr shifts without getting paid O/T and I only took a 15 minute break...you don't see me whining about a break that I didn't get. It's just an extra 15 minutes of work and to compensate, you can just slack for half an hr during work time.

[Team_Mclaren]

Originally posted by ken-gsr


you must have been a manager at McDonalds lol. yeah - me to...

:rofl: :rofl: welcome to the club.

[aypi]

in our company, they will pay you 2 15mins or 1 30mins break if you work 6 hours.

[adam c]

hah yea i was. assistant manager actually.. glad im done there

[Grip172]

wow that's crazy

and first of all...i'm not spoiled, and i'm not a kid lol

i've done my stint on the rigs and that's why i'm in school now, to get a proper education as one of you mentioned.

i was just SHOCKED that the law changed so much. for every part time job i've ever had, we would always get a 15minute break after 2 hours of work.

so 4-5 hours was one paid 15minute break
6 hours was two paid 15min breaks
and if u worked 8.5 hours you got 2 paid 15mins breaks and a 30minute unpaid break...

this is just surprising to see how stuff has changed. i was unsure of how it worked and i guess I am in the wrong afterall..weird

[RawB8figure]

"Daily Rest Periods

During each shift in excess of five consecutive hours of work, an employee is entitled to at least a one-half hour break, except where it is unreasonable or impossible. The break can be paid, or unpaid, at the employer's discretion.

This means that where a shift is less than 5 hours in length the employer is not obliged to provide a rest period. Where the shift is longer than 5 hours (e.g. 8 or 9 hours) the obligation of the employer is to provide at least 30 minutes of break time sometime during the shift. The 30 minutes can be taken in one unbroken period but may be provided as two 15-minute or three 10-minute breaks.

This, of course, is the minimum standard, and in practice for a full day shift the amount of break time provided is frequently more than the specified minimum."



http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/1031.html