File a Complaint with Employment Standards

• How can I tell if my employment problem falls under Employment Standards legislation?
   
• How long do I have to file a complaint with Employment Standards?
   
• What action can I take to resolve my concerns on my own?
   
• File a complaint
   
• What happens when I make a complaint?
   
• More information

How can I tell if my employment problem falls under Employment Standards legislation?

Hours of work, rest periods, days of rest, work schedules, payroll records and pay statements are covered. Minimum wage and pay periods are covered.  Payment of all types of earnings: wages (regular-rate pay), overtime, general holidays, vacations and pay in place of notice of termination are covered. Job-protected leaves, such as maternity, parental and reservist, are covered. The Standards and Definitions will provide more information to help you determine if you have an Employment Standards complaint. If you need assistance, call Employment Standards at 1‑877‑427‑3731. In Edmonton and surrounding areas call 780‑427‑3731.

How long do I have to file a complaint with Employment Standards?

You must file a complaint with Employment Standards within six months of your last day of employment.

If more than six months has passed, the Director of Employment Standards may grant an extension if there are extenuating circumstances. For example, the Director can extend time limits when:

• through illness or incapacity an employee was unable to file a claim
• an arbitration award held that no remedy was provided for an employee under a collective agreement

To request an extension to file a complaint, complete this form and mail or fax it to one of the addresses provided.

What Action Can I Take to Resolve My Concerns on My Own?

Employees can attempt recovery of unpaid earnings directly with their employer. In order to assist you, Employment Standards has designed an Employee Self-Help Kit. The Kit contains a letter you can send to the employer to request your pay, and a letter from Employment Standards to the employer explaining how they can get more information about their rights and obligations.

Do not use the Self-Help Kit if:

• your employment ended more than five months ago
• your employer has stopped operating the business
• you have received an NSF cheque from your employer

Employee Self-Help Kit

File a Complaint

There are two ways to file a complaint with Employment Standards.

You can now submit your complaint electronically with our employee online filing system. To submit an online complaint, you will need an email address to proceed. Once you access the system, you will be prompted to answer a number of questions related to your employment. This process may take up to 20 minutes to complete. It is recommended you review any employment records in your possession before you access the system. You will need to send these records in before an investigation can begin. Employment Standards will contact you in approximately 4-8 weeks to provide the address where your records should be sent.

Alternatively, you may print and complete the Complaint by Employee form and submit it to an Employment Standards office nearest you.

What Happens When I Make a Complaint?

 All complaints are reviewed. An Employment Standards staff member may contact you to discuss the situation and may decide to launch an investigation. As there has been a significant increase in complaints since the introduction of the online complaint system, you may not hear from an Officer for up to 8 weeks. If you do not provide employment records when requested to do so, or if you do not have evidence to support your complaint, Employment Standards may not be able to investigate your concerns.

For a full explanation of the Compliance Enforcement Process followed by Employment Standards, see How the Employment Standards Enforcement Process Works.

More Information

For help with:

• Record of Employment (ROE) – contact Human Resources and Skills Development Canada, Employment Insurance toll-free at 1‑800‑561‑3992

• Discrimination in the area of employment practices, job ads and applications – contact Alberta Human Rights Commission in Edmonton at 780‑427‑7661 or in Calgary at 403‑297‑6571. To be connected toll-free from outside the Edmonton and Calgary areas, dial 310‑0000, then the area code and number you are calling.

• Recovery of expenses incurred while on the job (living expenses, gasoline, meal expenses) – for information on recovering expenses please contact the nearest Provincial Court, Civil Division.

• T4 Slips – contact the Canada Revenue Agency toll-free at 1‑800‑959‑8281 or 1‑800‑267‑6999.

For more information call the Employment Standards Contact Centre toll-free at 1‑877‑427‑3731. In Edmonton and surrounding areas dial 780‑427‑3731.