Alberta Employers looking to temp-lay off employes due to Pandemic

[rknight111]

Since my business is mostly is residential monitoring of asbestos abatement due to insurance claims as Drywall, Ceilings, and flooring in pre 1986 houses mostly contains asbestos, we do this for Insurance Companies and Restoration Contractors. I have to thin out my staff now for a bit until this gets back to normal, or controlled where we can continue with abatements. Im giving temp layoffs to workers, however temporary layoff in Alberta is a maximum of 60 days. Then you have to terminate the worker with the required severance pay that you owe them based on the duration they worked for you. This is very tough to say that this will be over in 60 days. My thoughts are that the Alberta government needs to extend this to 120 days or offer an extension, currently there is no thought of this.

 

[skegpro]

Since my business is mostly is residential monitoring of asbestos abatement due to insurance claims as Drywall, Ceilings, and flooring in pre 1986 houses mostly contains asbestos, we do this for Insurance Companies and Restoration Contractors. I have to thin out my staff now for a bit until this gets back to normal, or controlled where we can continue with abatements. Im giving temp layoffs to workers, however temporary layoff in Alberta is a maximum of 60 days. Then you have to terminate the worker with the required severance pay that you owe them based on the duration they worked for you. This is very tough to say that this will be over in 60 days. My thoughts are that the Alberta government needs to extend this to 120 days or offer an extension, currently there is no thought of this.

Rules changed today.
You don't have to lay them off for them to receive EI.

 

[snochuk]

Since my business is mostly is residential monitoring of asbestos abatement due to insurance claims as Drywall, Ceilings, and flooring in pre 1986 houses mostly contains asbestos, we do this for Insurance Companies and Restoration Contractors. I have to thin out my staff now for a bit until this gets back to normal, or controlled where we can continue with abatements. Im giving temp layoffs to workers, however temporary layoff in Alberta is a maximum of 60 days. Then you have to terminate the worker with the required severance pay that you owe them based on the duration they worked for you. This is very tough to say that this will be over in 60 days. My thoughts are that the Alberta government needs to extend this to 120 days or offer an extension, currently there is no thought of this.

This would be a good way to make use of some of the 82B.

 

[rknight111]

Rules changed today.
You don't have to lay them off for them to receive EI.

There salaried employees. I have to stop there salary. Was on the phone with Alberta Labour for sometime today after Trudy made announcements.

 

[skegpro]

There salaried employees. I have to stop there salary. Was on the phone with Alberta Labour for sometime today after Trudy made announcements.

Oh boy

 

[skegpro]

This would be a good way to make use of some of the 82B.

Most of JT's help is in the way of more loans.
Why should any employer take a loan and then pay it out as wages.

Just like everytime he says he is helping ag out......all in the form of access to increased capital from FCC. Aka here is more rope, go hang yourself.

He only gives no strings attached cash to foreign countries and special interest groups.

 

[rknight111]

The other issue with this is in order to keep my business open and service my clients as I am classified as an Essential Service I do not qualify myself for these handouts because I am still operating and open. If I close I would loose my place in line with business that rely on my services.

 

[moyiesledhead]

Most of JT's help is in the way of more loans.
Why should any employer take a loan and then pay it out as wages.

Just like everytime he says he is helping ag out......all in the form of access to increased capital from FCC. Aka here is more rope, go hang yourself.

He only gives no strings attached cash to foreign countries and special interest groups.

And now the left wing media.

 

[Cyle]

Most of JT's help is in the way of more loans.
Why should any employer take a loan and then pay it out as wages.

Just like everytime he says he is helping ag out......all in the form of access to increased capital from FCC. Aka here is more rope, go hang yourself.

He only gives no strings attached cash to foreign countries and special interest groups.

He has no interest in helping small businesses as according to him it's just a scam for people to get out of paying taxes

 

[BEL]

The Alberta Labour Standard includes:
The period of temporary layoff can be extended beyond 60 days if the employer makes regular payment to or on behalf of the employee, such as continuing to pay wages, employee pensions or benefits and the employee agrees to these payments in lieu of a firm limit of the length of the layoff. Termination pay is payable when payments in lieu cease

The question then becomes what qualifies as a "regular payment" - could it simply be the employer's portion of the employee's benefit package or some other nominal payment?

 

[skegpro]

The Alberta Labour Standard includes:
The period of temporary layoff can be extended beyond 60 days if the employer makes regular payment to or on behalf of the employee, such as continuing to pay wages, employee pensions or benefits and the employee agrees to these payments in lieu of a firm limit of the length of the layoff. Termination pay is payable when payments in lieu cease

The question then becomes what qualifies as a "regular payment" - could it simply be the employer's portion of the employee's benefit package or some other nominal payment?

I imagine guys are gonna be fairly flexible here as they will want their jobs back.

 

[Cyle]

I imagine guys are gonna be fairly flexible here as they will want their jobs back.

Agreed. I don't think many employees want to cause trouble with something like that.

 

[rknight111]

This is mandated by Alberta Labour on the 60th day, on day 60 you must terminate the employee and pay out severance. So for a small company that has a restaurant and they have 3 or 4 staff that maybe worked for 1.5 years or even three years. The owners kept them on and paid them from there own pocket to keep them around, then have to lay them off and for shortage of work, temp layoff. Then in 60 days you need to write them a cheque for severance. I'm also told by Alberta labour if I lay them off now permanently there is severance as well, since when? And if you don't have an employment agreement that is signed by both the employee and employer then the severance can fall under the Alberta Common Law act, you can end up paying them for 5 weeks. And there are several people calling in with this concern, including employees, this will create some serious issues. Is it worth having a company these days with all these rules.

 

[Caper11]

Whats the actual severance criteria? Is there a formula?


Is this severance for all industries?

 

[struglin]

This is mandated by Alberta Labour on the 60th day, on day 60 you must terminate the employee and pay out severance. So for a small company that has a restaurant and they have 3 or 4 staff that maybe worked for 1.5 years or even three years. The owners kept them on and paid them from there own pocket to keep them around, then have to lay them off and for shortage of work, temp layoff. Then in 60 days you need to write them a cheque for severance. I'm also told by Alberta labour if I lay them off now permanently there is severance as well, since when? And if you don't have an employment agreement that is signed by both the employee and employer then the severance can fall under the Alberta Common Law act, you can end up paying them for 5 weeks. And there are several people calling in with this concern, including employees, this will create some serious issues. Is it worth having a company these days with all these rules.

This is why you have to have a lawyer review your employment agreement every year, so many people just want hand outs and to work the system, they think companies have endless $ it’s important to protect yourself against your staff as brutal as that is

 

[bobsledder]

When I was an IBEW electrician on projects we got layed off all the time. No severance, part of the deal. Sometime we asked for the layoff cause it was snowmobile/ski season. I dont think you are automatically eligible for severance. Depends on the employment contract and if severance is owed the legal minimum isn't much.

 

[gunner3006]

Hey Ron. Is your company an member of CFIB?

 

[Bogger]

When I was an IBEW electrician on projects we got layed off all the time. No severance, part of the deal. Sometime we asked for the layoff cause it was snowmobile/ski season. I dont think you are automatically eligible for severance. Depends on the employment contract and if severance is owed the legal minimum isn't much.

Different rules for Hourly & salary... Hourly does not require any severance with Salary you can usually get away with 1 week per year of employment but best to keep it a minimum of 2 weeks. This only becomes a problem if the employee decides to fight their termination - If severance is contested they can go to the labor board and get arbitration. If the arbitrator feels the company was malicious or unfair to the employee they can decide what severance to award.

In the current situation there will be much sympathy for both employers and employees and it would be hard to argue that 1 week per year with a 2 week minimum is not fair... Alberta Public service pays 1.5 weeks per full continuous year of employment.

Lots of employers will not be paying any severance and it likely will not be contested given the current situation and the level of government support available to workers.

 

[gunner3006]

When I was an IBEW electrician on projects we got layed off all the time. No severance, part of the deal. Sometime we asked for the layoff cause it was snowmobile/ski season. I dont think you are automatically eligible for severance. Depends on the employment contract and if severance is owed the legal minimum isn't much.

My father in-law is with ibew in Ontario. Has been for 23 years. It’s still the same. Exactly.

 

[gunner3006]

I don’t want to hijack the thread here. The president of CFIB was on CTV today and there pushing hard for more relief for small business. There website is well layed out and updating almost daily. It’s a ****ty time for everyone. There has been a lot of time spent this week trying to get answers. All my boys are hourly. So different than Ron. The hardest part for us right now is trying to get a straight answer on how the government is going to get all there money back. Interest, taxes blah blah blah.