Manitoba employment standards: an introduction

Resources 

• Department of Labour publishes several documents outlining employment standard
• Be diligent that you are being treated fairly 
• Available on their website http://www.gov.mb.ca/labour/standards/doc,quick_guide,factsheet.html

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 

Overtime 

• 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 

Vacations 

• 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 

Entitlements

• 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

Discretionary 

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

Termination

• 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

Protection 

• 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