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The Employment Standards Amendment Act (2)

S.M. 1991-92, c. 32

Bill 55, 2nd Session, 35th Legislature

The Employment Standards Amendment Act (2)

(Assented to July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E110 amended

1           The Employment Standards Act is amended by this Act.

Subsection 33(2): repeal and substitution

2           Subsection 33(2) is repealed and the following substituted:

Board authorization of excess hours

33(2)       Subject to subsections (2.1) and (2.2), to facilitate the arrangement or rotation of shifts, the board may, by order, authorize an employer to require employees who work in shifts to work for more than the maximum standard hours of work under clause 32(1)(a) without paying the employees overtime rates for the excess hours of work and the board may make the order subject to such terms and conditions as the board considers appropriate.

Board authorization not required where agreement

33(2.1)     Subject to subsection (2.2), where employees who work in shifts are represented by a bargaining agent as defined in The Labour Relations Act and an agreement in respect of daily or weekly hours of work is reached between the bargaining agent on behalf of the employees and the employer, the employer may, in accordance with the agreement and without authorization of the board under subsection (2), require the employees to work for more than the maximum daily or weekly standard hours of work under clause 32(1)(a) without paying the employees overtime rates for the excess hours.

Average daily or weekly hours of work

33(2.2)     Where an employer under subsection (2) or (2.1) requires an employee to work for more than the daily or weekly standard hours of work under clause 32(1)(a), the average daily or weekly hours worked by the employee, over the authorized or agreed period of weeks, may not exceed the daily or weekly standard hours of work under clause 32(1)(a) unless the employee is paid wages for the excess hours at overtime rates.

Subsection 33(4): repeal and substitution

3           Subsection 33(4) is repealed and the following is substituted:

Review of board orders

33(4)       The board shall review the circumstances of an employment affected by an order under subsection (2) or a variation order under this subsection not later than the second anniversary of the order and thereafter not later than the second anniversary of each review and on each review the board may, by order, revoke or vary the order that is under review.

Subsection 39(2) amended

4           Subsection 39(2) is amended by repealing clause (d) and substituting the following:

(d) the person employed is an employee to whom any of clauses 40(2)(b) to (k) applies; or

(e) the employer or employee terminates the employment during the first 30 days of the employment, unless the employer and the employee agree in writing that subsection (1) applies during such period.

Subsection 39(11) amended

5           Subsection 39(11) is amended by striking out "90 days" and substituting "six months".

Coming into force

6           This Act comes into force on the day it receives royal assent.