Monday, March 12, 2018

Manitoba employment standards: an introduction


Employment standards code
  • Outlines laws on minimum wage – hours of work, holidays and other workplace benefits 
  • Laws are administered by a neutral party, the Employment Standards Branch of the Department of Labour 
  • The Branch also investigates complaints of violation 

Who is not covered?
  • Self-employed people 
  • Parts of the code do not apply to certain categories of workers including: 
    • Agricultural workers, Sitters, Professionals, Part-time domestic workers, Crown employees, Family members in a family business, Temporary election workers 
  • Industries under federal jurisdiction 

Employee pay 
  • As of October 1, 2017, the minimum wage is $11.15 
  • Equal pay for men and women doing substantially the same work in the same establishment 
  • Employee must be paid at least twice a month and within 10 working days after the end of each pay period 
  • Employee must be paid within 10 working days of termination
  • Deductions can be only those authorized by law or specifically consented to by the employee 
    • Unions negotiate deductions 
    • CPP contributions mandatory 

  • Standard work hours o 8 hours per day 
    • 40 hours per week
      • Unless exemptions are made through collective agreement 
  • If employee works more hours than this 
    • Overtime pay must be paid at a rate of 1.5 regular pay or 
    • Paid time off given at 1.5 times number of hours (time off must be taken within 3 months of overtime unless agreement in writing to extend beyond 3 months) 

Minimum age of employment 
  • If child under 16, permit must be obtained 
    • Signed by parent or guardian and employer
    • If during school year, also signed by principal 
    • Babysitters not covered 

  • All employees covered by code, entitled to annual vacations with pay 
  • For each year worked for same employer, 2-week paid vacation 
  • After 5 years, 3 weeks 
  • For two weeks, allowance is 4% of gross wages (excluding overtime) 
  • For three weeks, allowance is 6% of gross wages (excluding overtime) 
  • Employer must pay the vacation allowance by last working day before vacation begins
    • Other arrangements can be made as long as the employee agrees to them 
  • If employee terminated before vacation, accrued allowance must be paid 
  • If no agreement can be made on annual vacation dates, employer must give 15 day notice of the date that employee’s vacation will begin 
  • Employee must take vacation at that time
  • Employer cannot ask employee to take less than one week of vacation at one time 

General holidays 
  • New Year’s Day
  • Louis Riel Day (3rd Monday in February)
  • Good Friday 
  • Victoria Day 
  • Canada Day 
  • Labour Day 
  • Thanksgiving Day 
  • Christmas Day 

Maternity leave 
  • 17 weeks unpaid leave, if worked for same employer for 7 months 
  • May begin any time during the 17 weeks before expected delivery date and end no later than 17 weeks after delivery date 
  • After that, parental leave is available for up to 37 weeks
  • Mothers must have employer agree to an arrangement where she takes parental leave at any time other than right after maternity leave 
  • Father can take parental leave any time with 52 weeks of the child’s birth or adoption
  • Written notice is required at least 4 weeks before the beginning of parental leave
  • Employees may end his or her maternity/parental leaves early by giving 2 weeks or 1 pay period notice before the day she/he wishes to return
  • Must be reinstated to former position or a similar position at same or higher wage
  • Paid maternity/parental leave is federal jurisdiction 

  • At least 30 minutes unpaid meal break for every 5 hours worked 
  • 1 day off/week (some exceptions, e.g. home care) 
  • Employees must be paid a minimum of 3 hours of pay if called in on non-working day (for those who normally work more than a 3 hour day) 
  • If required to begin or end work between midnight and 6 a.m., employer must cover cost of adequate transportation to work or place of residence

  • Coffee breaks 
  • Sick days
  • Compassionate bereavement leave
  • August Civic Holiday 
  • Easter Sunday 
  • Boxing Day

  • Notice usually at least 1 pay period in advance except when:
    • Occurs within first 30 days of employment
    • If different notice practice established 
    • If employment for a specific length of time or task 
    • Violence or other inappropriate behaviour

  • Employers cannot threaten to or actually suspend, terminate or restrict employees or layoff or discriminate for the following reasons 
    • Garnishment proceedings against employee
    • Filing a complaint under the code 
    • Giving evidence or information under the code 
    • Statements of disclosure under the code 
    • Refusing to work on a Sunday

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