Part-time Work - Can The Employer Just Do Whatever They Want?

[birchy]

So my wife started a part-time job a little while back as a morning babysitter. Mon. - Fri. 8am - 12noon. The whole process wasn't very "official". The job wasn't advertised.. she heard about it via word of mouth, went over and talked to them and they hired her on the spot. No interview, nothing. She doesn't even have any sort of letter that says the terms of her employment or anything. She's not on any 3 month probationary period or anything either. But she does get pay checks from this company and is on their payroll.

 

Today when she went in, they basically told her that they want her to start calling ahead and seeing what time the kids are arriving, because if there's no kids coming in until 9:30am for example, they don't want to have to pay her for that extra 1.5 hours.

 

If, for example, she only has some kids coming in at 10:30am, and she only works until 12pm, then it's almost not even worth her time to go in at all.

 

Is there anything that she can do? I'm thinking that without an official letter that outlines the terms of employment, that she doesn't have a leg to stand on.

 

*edit* I should also mention that this is for a business, not an individual.

[Teck71]

not sure of the law but that sucks, I say tell them to pound dirt and look for another gig.

 

any way try here

http://www.law-faqs.org/ab/labour.htm

 

 

[birchy]

Teck.. you may have found it my man!

 

http://www.law-faqs.org/wiki/index.php/L-con-01

 

http://www.law-faqs.org/wiki/index.php/L-con-02

[Teck71]

Glad to help, hope all works out.

[Guest RedWiggler]

If the business is shady then tell your wife to get out of there, you/her would hate to end up on the hook for something that happened there, if it ever did. My 0.02

[LynnF]

Here's me with my HR hat on (in case this is still up in the air):

 

a. She doesn't have an employment contract so, no, she doesn't have a leg to stand on. If she had something that outlines the terms and conditions of her employment even in the broadest spectrum then at least it's something.

 

b. If she's hourly and not salary, that gives them further empowerment to do whatever they want with her hours.

[Nick0Danger]

Here's me with my HR hat on (in case this is still up in the air):

 

a. She doesn't have an employment contract so, no, she doesn't have a leg to stand on. If she had something that outlines the terms and conditions of her employment even in the broadest spectrum then at least it's something.

 

b. If she's hourly and not salary, that gives them further empowerment to do whatever they want with her hours.

 

 

Do they not have to pay a minimum of 3 hours?

[LynnF]

Do they not have to pay a minimum of 3 hours?

 

I'm not real familiar with the hourly labour practices and laws as I practiced HR in a corporate environment but you'd have to check if the employer is bound by the federal or provincial labour regs and, depending on which apply to them, you may well be correct.

[Weedy1]

In Alberta if you show up for work and there is no work to do that day you must be paid for a 3 hour minimum.

 

EMPLOYMENT STANDARDS REGULATION

 

http://www.qp.gov.ab.ca/documents/regs/1997_014.cfm

 

Employment for less than 3 hours

 

11(1) Subject to subsection (3), if an employee is employed for less than 3 consecutive hours of work, the employer must pay the employee for 3 hours of work at not less than the minimum wage to which the employee is entitled.

[birchy]

In Alberta if you show up for work and there is no work to do that day you must be paid for a 3 hour minimum.

 

EMPLOYMENT STANDARDS REGULATION

 

http://www.qp.gov.ab.ca/documents/regs/1997_014.cfm

 

Employment for less than 3 hours

 

11(1) Subject to subsection (3), if an employee is employed for less than 3 consecutive hours of work, the employer must pay the employee for 3 hours of work at not less than the minimum wage to which the employee is entitled.

 

We actually found that Weedy1, thanks! She printed it off and brought it in to show them and they were completely fine with it.