Fifth Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Employment Standards Code is amended by this Act.
2(1) Subsection 14(3) is amended
(a) by repealing clause (a); and
(b) by replacing clause (b) with the following:
2(2) The following is added after subsection 14(5):
14(6) The employer must also post individual work schedules for employees two weeks before the work is performed, when the director requires it.
(a) an employer who is required to post individual work schedules makes a change to an employee's schedule that the employee did not request; and
(b) the change is made less than two weeks before the work is performed;
3 The following is added after section 14:
14.1(1) At the request of an employee who is not covered by a collective agreement and who regularly works at least 35 hours per week, an employer may enter into a written agreement with the employee that exempts the employee from the standard hours of work set out in section 10.
14.1(2) An agreement must
(a) establish alternative standard hours of work for the employee, which
(i) must not exceed 40 hours per week,
(ii) must not exceed 10 hours per day, and
(iii) may specify a different number of hours per day for each day of the week that the employee works; and
(b) clearly specify that the employee or the employer may terminate the agreement at any time by giving the other party at least two weeks' written notice.
14.1(3) An agreement may be terminated with less than two weeks' notice if both parties agree.
14.1(4) At the request of an employee who has entered into an agreement, the employer may make occasional adjustments to the employee's hours of work set out in the agreement, as long as they do not exceed 10 hours per day or 40 hours per week. The agreement is deemed to be amended to provide for such adjustments.
14.1(5) The director may, by written notice to the employer,
(a) terminate an agreement at any time;
4 Subsection 25(2) is amended in the part before clause (a) by adding "climate-controlled agricultural business," after "continuously operating business,".
5 Clause 62(1)(h) is replaced with the following:
6 Section 77 is amended by renumbering it as subsection 77(1) and adding the following as subsection 77(2):
77(2) The requirement to pay a wage in lieu of notice under clause 61(1)(b) applies whether or not the employee has obtained other employment during the notice period.
7 Subsection 135(1) is amended by adding the following after clause (d):
8 Subsection 144(1) is amended
(a) in clause (i), by striking out "and" at the end of subclause (i), adding "and" at the end of subclause (ii) and adding the following after subclause (ii):
(iii) defining "regularly" for the purpose of subsection 14.1(1);
(b) by adding the following after clause (l):
(l.1) defining "climate-controlled agricultural business" for the purpose of subsection 25(2);
(c) in clause (p), by adding ", including conditions under which deductions may be made" at the end.
9 This Act comes into force on January 1, 2012.