C.C.S.M. c. E110
The Employment Standards Code
PART 1 | |
DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE | |
1(1) | Definitions |
(2) | Meaning of "this Code" |
(3) | |
2(1) | Application of this Code |
(2) | Meaning of "agency of the Crown" |
(3) | No application to independent contractor |
(4) | Exemption — standard hours of work and overtime |
(5) | Application to agricultural workers |
3(1) | Civil remedies and greater wages not affected |
(2) | Agreement providing for greater wages |
(3) | Code prevails over lesser wages |
(4) | Code prevails in case of conflict with other Act |
4(1) | Agreement to work for lower standard is no defence |
(2) | Terms or conditions of employment may be enforced |
5 | Continuity of employment |
PART 2 | |
MINIMUM STANDARDS | |
DIVISION 1 | |
MINIMUM WAGE AND MINIMUM WAGE BOARDS | |
6 | Payment of minimum wage |
7(1) | Minister may establish minimum wage boards |
(2) | Composition of each minimum wage board |
(3) | Vacancy |
(4) | Remuneration |
8(1) | Minister may refer matter to minimum wage board |
(2) | Board to report on referred matter |
(3) | Board may conduct hearing, receive representations |
DIVISION 2 | |
STANDARD HOURS OF WORK | |
9 | Application of Division to construction industry |
10 | Standard hours of work |
11 | |
12(1) | Averaging |
(2) | Effect of averaging |
13 | Director may authorize increased standard hours |
14(1) | Terms and conditions of permit |
(2) | Term of permit |
(3) | Factors to be considered |
(4) | Director may amend or revoke permit |
(5) | Employer to post permit |
15 | |
DIVISION 3 | |
OVERTIME | |
16 | |
17(1) | Overtime to be paid at overtime wage rate |
(2) | Overtime does not include certain break time |
18(1) | "Banked time" defined |
(2) | Agreement for paid time off in lieu of overtime pay |
(3) | Rate of time off |
(4) | When banked time off to be provided |
(5) | Regular wage rate applies to time off |
(6) | Effect of time off |
(7) | Wage payable for banked time not taken |
19(1) | No implied right to require overtime |
(2) | Employer may require overtime in emergency |
20 | |
DIVISION 4 | |
GENERAL HOLIDAYS | |
21(1) | Definitions |
(2) | Day off in addition to annual vacation |
22(1) | Eligibility for holiday pay |
(2) | Employer's consent to employee's absence |
23(1) | Amount of holiday pay |
(2) | Employee with varying wages |
24 | Determining overtime for pay period that includes day off |
25(1) | Employee works on general holiday |
(2) | Exception — employment in certain businesses |
(3) | Definitions |
26(1) | Holiday pay for day off |
(2) | Day off for general holiday not falling on workday |
27 | Employment terminated before day off |
28(1) | Substitution of other day for general holiday |
(2) | Substituted day is deemed general holiday |
(3) | Onus |
29(1) | Former employee's entitlement |
(2) | Portion of wage in lieu of notice |
30 | Construction employees |
31 to 33 | |
DIVISION 5 | |
ANNUAL VACATIONS AND VACATION ALLOWANCES | |
34(1) | Employee entitlement to annual vacation |
(2) | Annual vacation does not include general holiday |
35 | When annual vacation to be given |
36 | Setting dates for annual vacation |
37 | Period of vacation not to be less than a week |
38 | Vacation may be required during annual shut-down |
39(1) | Meaning of "wages" |
(2) | Amount of vacation allowance |
(3) | Time of payment of vacation allowance |
(4) | Determining the cash value of board and lodging |
40 | Certain payments do not affect vacation entitlement |
41 | Effect of previous year or vacation taken in advance |
(1 | Employer may use common anniversary date |
(2) | Director may prohibit common anniversary date |
(3) | Employer to give proportion of entitlements |
43 | Effect of notice of termination |
44(1) | Meaning of "wages" |
(2) | Payment of vacation allowance on termination |
DIVISION 6 | |
WEEKLY DAY OF REST | |
45 | Employer to provide day of rest |
46 | Employer may apply for exemption of business |
47 | Employer and bargaining agent may apply for exemption |
48 | Employee entitled to day off without pay |
49 | Director may set conditions and vary order |
DIVISION 7 | |
WORK BREAKS | |
50(1) | Employer to provide break |
(2) | Length of break |
(3) | Director may set conditions and vary order |
DIVISION 8 | |
WAGES FOR REPORTING FOR WORK | |
51(1) | Wage for reporting for work |
(2) | Reporting for less than 3 hours |
(3) | Employee working longer than scheduled period |
DIVISION 9 | |
UNPAID LEAVES | |
MATERNITY LEAVE | |
52 | Definitions |
53 | Eligibility for maternity leave |
54(1) | Length of maternity leave |
(2) | Beginning and end of maternity leave |
(3) | Employee to provide certificate and give notice |
55(1) | Maternity leave if notice given after stopping work |
(2) | Length of maternity leave |
56 | Maternity leave where notice not given |
57 | End of maternity leave where notice not given |
57.1(1) | End of maternity leave |
(2) | Ending leave early |
PARENTAL LEAVE | |
58(1) | Employee entitled to parental leave |
(2) | Effect of late notice on parental leave |
(3) | Commencement of parental leave |
59 | Maternity and parental leaves must be continuous |
59.1(1) | End of parental leave |
(2) | Ending leave early |
COMPASSIONATE CARE LEAVE | |
59.2(1) | Definitions |
(1.1) | Registered common-law relationship |
(2) | Entitlement to leave |
(3) | Physician's certificate |
(4) | Employee to give notice to employer |
(5) | Employee to provide physician's certificate |
(6) | When leave may be taken |
(7) | Minimum period of leave |
(8) | Ending leave early |
FAMILY LEAVE | |
59.3(1) | Unpaid leave for family responsibilities |
(2) | Notice to employer |
(3) | Leave for part day |
BEREAVEMENT LEAVE | |
59.4(1) | Unpaid bereavement leave |
(2) | Notice to employer |
(3) | Leave for part day |
UNPAID LEAVE FOR RESERVISTS | |
59.5(1) | Definitions |
(2) | Unpaid leave for reservist |
(3) | Length of leave |
(4) | Notice of leave for service |
(5) | Return to work after notice |
GENERAL | |
60(1) | No termination or lay-off |
(2) | Reinstatement |
(3) | Exception |
(4) | Employment deemed continuous |
(4.1) | Vacation deferred because of leave |
(4.2) | Vacation and leave entitlements not reduced |
(5) | Right to file complaint |
(6) | Complaint to be filed within six months |
DIVISION 10 | |
TERMINATION OF EMPLOYMENT | |
60.1 | Period of employment |
SUBDIVISION 1 | |
TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL | |
61(1) | Termination by employer — notice or wage in lieu of notice |
(2) | Notice period — termination by employer |
62(1) | Exceptions to notice requirements |
(2) | Termination by receiver-manager |
62.1(1) | Termination by employee |
(2) | Termination without notice by employee |
63 to 65 | |
SUBDIVISION 2 | |
TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES | |
66 | Meaning of "affected employees" |
67(1) | Notice of intent to terminate employment of 50 or more employees |
(2) | |
(3) | Employer to give copy of notice to certain persons |
(4) | Content of notice |
68(1) | Individual notice required under Subdivision 1 |
(2) | |
69 | Minister may exempt employees |
70 | Employer and agent to co-operate with minister |
JOINT PLANNING COMMITTEE | |
71(1) | Minister may appoint joint planning committee |
(2) | Appointment of employees' representatives |
(3) | Employees to elect individuals for nomination |
(4) | Joint planning committee to have co-chairs |
72(1) | Minister may provide terms of reference |
(2) | Procedure |
(3) | First meeting |
73 | Employer to give employee time off for committee |
74 | Objectives of joint planning committee |
75 | Employer and employees to assist joint committee |
SUBDIVISION 3 | |
WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS | |
76 | Employer not to change conditions after notice |
77 | Wage in lieu of notice |
77.1(1) | Termination by employer after employee gives notice |
(2) | Termination by employee after employer gives notice |
78 and 79 | |
DIVISION 11 | |
HOME WORK | |
80(1) | Meaning of "home work" |
(2) | Employer to maintain records |
(3) | Director may impose conditions respecting wages |
DIVISION 12 | |
RIGHT TO REFUSE TO WORK ON SUNDAY | |
81 | Certain employees may refuse to work on Sunday |
DIVISION 13 | |
EQUAL WAGES | |
82(1) | Discrimination in wage scales prohibited |
(2) | Complaint respecting equal wages |
DIVISION 14 | |
EMPLOYMENT OF CHILDREN | |
CHILDREN UNDER 16 | |
83(1) | Restricted employment of children under 16 |
(2) | Director may issue permit |
(3) | Restrictions on issuing permit |
(4) | Restricted hours of employment |
CHILDREN UNDER 18 | |
84(1) | Protection of children working at night |
(2) | Restricted employment of children |
DIVISION 15 | |
INDIVIDUALS WITH DISABILITIES | |
85(1) | Director may authorize certain wages |
(2) | Terms and conditions |
PART 3 | |
PAYMENT OF WAGES | |
DIVISION 1 | |
TIME AND METHOD OF PAYMENT OF WAGES | |
86(1) | Wages to be paid within certain time |
(2) | Exceptions |
(3) | Director may vary or revoke permit |
87 | Complaint respecting payment of wages |
88 | How wages are to be paid |
89(1) | Employer to pay certain wages to director |
(2) | Director to pay money to employee or hold in trust |
(3) | Director may transfer money to Consolidated Fund |
DIVISION 2 | |
DIRECTORS OF CORPORATIONS | |
90(1) | Corporate director's liability for unpaid wages |
(2) | Exceptions |
(3) | Manager liable after board resigns or is removed |
91(1) | Officer may order corporate director or former director to pay wages |
(2) | Provisions on recovery of wages apply to corporate director or former director |
(3) | Corporate director or former director may recover from corporation |
DIVISION 3 | |
COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS | |
92 | Filing of complaint with officer |
93 | When complaint may be refused |
94(1) | Officer may file caveat, notice, financing statement |
(2) | Employee's interest is lien on employer's property |
(3) | Limit on registration of caveat or notice in L.T.O. |
(4) | Perfection on registration under P.P.S. Act |
(5) | Effect of registration under P.P.S. Act |
(6) | Remedies to enforce lien and charge are cumulative |
95 | Dismissal of complaint by order |
96(1) | Order for payment of wages |
(2) | Maximum wages recoverable by order |
96.1(1) | Compensation or reinstatement order |
(2) | Administrative costs |
(3) | Compensation deemed to be wages |
(4) | No maximum amount |
97(1) | Certain orders to provide for interest |
(2) | Interest on money received by director |
DIVISION 4 | |
RECEIVERS | |
98(1) | Receiver in position of employer re lien or charge |
(2) | Receiver bound by order against employer |
(3) | Receiver liable for wages as an employer |
(4) | Order to receiver |
DIVISION 5 | |
DIRECTOR'S DEMAND TO THIRD PARTIES | |
99(1) | Director may issue a third party demand |
(2) | Third party reply to demand |
(3) | Demand in force for six months |
(4) | Third party is liable to the director |
(5) | Director may approve deductions by third party |
(6) | Director may take civil action against third party |
(7) | Director to give receipt and notice of payment |
DIVISION 6 | |
PRIORITY OF WAGES AND ENFORCEMENT | |
100 | Employer is deemed to hold wages in trust |
101 | Priority of lien and charge |
102 | Priority of certain prior purchase money security interests |
102.1 | Priority of lien for tax collected and not remitted |
103(1) | Director may file order in court |
(1.1) | Collection |
(1.2) | Order includes requirement to pay collection costs |
(2) | Order is judgment of court with priority |
104 | Director may register judgment in L.T.O. |
105 | Priority of caveat or notice under Judgments Act |
106 | Priority of real property mortgage |
107 | Director may allocate recovered wages among employees |
DIVISION 7 | |
REFERRALS TO THE BOARD | |
108 | Notice of right to request referral of certain orders |
109 | Director may reconsider order before referral |
110(1) | Person named in order may request referral |
(1.1) | When request must be made |
(2) | |
(3) | Director not required to refer resolved matter |
111(1) | Deposit required |
(2) | Chairperson may reduce deposit |
(3) | Chairperson not to hear referral |
112 | Receiver may request referral to board |
DIVISION 8 | |
SECURITY BONDS | |
113(1) | Director may require employer to provide bond |
(2) | Director may pay wages from proceeds of bond |
(3) | Bond proceeds where several employees |
(4) | Minister may apply to court for order of prohibition |
DIVISION 9 | |
RECIPROCAL ENFORCEMENT | |
114(1) | Designation of reciprocating jurisdictions |
(2) | Application to director for reciprocal enforcement |
(3) | Reciprocal enforcement on filing in court |
PART 4 | |
ADMINISTRATION | |
DIVISION 1 | |
DIRECTOR AND OFFICERS | |
115(1) | Appointment of Director of Employment Standards |
(2) | Director has powers of officer |
(3) | Delegation |
(4) | Director has standing before board |
(5) | Notice to director re board hearing |
116 | Acting director |
117(1) | Director's authority to investigate non-compliance |
(2) | Director may take certain action |
(3) | Director's response to non-compliance |
(4) | Enforcement of order |
118(1) | Settlement or compromise by director |
(2) | Discharge of liability of employer |
119 | When director may pay out money received |
120 | Powers of officer |
121 | Officer not compellable in civil proceeding |
DIVISION 2 | |
THE MANITOBA LABOUR BOARD | |
122(1) | Member may act for board |
(2) | Powers of board member |
(3) | Board not bound by rules of evidence |
(4) | Procedure |
(5) | Non-application of Labour Relations Act |
123(1) | Powers re application, referred order and inquiry |
(2) | Further power re applications and inquiries |
(3) | Power to determine compliance with Code |
(4) | Board and authorized person may administer oath |
124 | Procedure respecting applications |
125(1) | Procedure respecting referred orders |
(2) | Parties to referred order |
(3) | Content of board order |
(4) | Payment of money to director under order |
(5) | Board may award costs |
126 to 128 | |
129 | Board to conduct inquiry |
DIVISION 3 | |
APPEAL | |
130(1) | Appeal of board order re unpaid wages |
(2 | Leave to appeal required |
(3) | Time for application for leave to appeal |
(4) | Applicant to file proof of payment to director |
131 | Board and director entitled to be heard |
132 | Costs |
PART 5 | |
GENERAL | |
DIVISION 1 | |
PROHIBITION AGAINST UNFAIR EMPLOYMENT PRACTICES | |
133(1) | No termination or other discriminatory action |
(2) | Application of The Labour Relations Act |
DIVISION 2 | |
SINGLE EMPLOYER DECLARATION | |
134(1) | Determination of single employer by order |
(2) | Effect of single employer order |
DIVISION 3 | |
EMPLOYMENT RECORDS | |
135(1) | Employment records to be kept by employer |
(2) | Records when regular hours do not vary |
(3) | Records to be kept for minimum periods |
(4) | Employer to provide employee with pay statement |
(5) | Exception where wage payments are equal |
(6) | Records to be produced on request |
(7) | Officer may determine amount if record incomplete |
DIVISION 4 | |
SERVICE OF DOCUMENTS | |
136(1) | Service of documents |
(2) | Proof of service |
(3) | Director or board may give directions for service |
DIVISION 5 | |
ADMISSIBILITY OF DOCUMENTS | |
137 | Admissibility of certain documents as evidence |
DIVISION 6 | |
IMMUNITY | |
138 | Immunity from action |
PART 6 | |
OFFENCES AND PENALTIES | |
ADMINISTRATIVE PENALTIES | |
138.1(1) | Administrative penalty |
(2) | How penalty may be imposed |
(3) | Amount of penalty |
(4) | Content of notice |
(5) | Penalty recoverable as wages |
(6) | No offence to be charged if penalty is paid |
138.2(1) | Appeal to board |
(2) | How to appeal |
(3) | Deposit |
(4) | Chairperson may reduce deposit |
(5) | Chairperson not to hear appeal |
(6) | Decision of board |
(7) | Application of other provisions |
OFFENCES | |
139(1) | Offences |
(2) | Offence of working for less than minimum wage |
(3) | Offence of paying less than minimum wage |
(4) | Continuing offence |
140(1) | Penalties |
(2) | Penalties for subsequent offences |
141 | Offences by directors of corporations |
142 | Time limit for prosecution |
143 | Director and board to be served notice of appeal |
PART 7 | |
REGULATIONS | |
144(1) | Regulations |
(2) | Regulations re standard hours of work |
(3) | Application |
(4) | Consultations re proposed regulations |
PART 8 | |
TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE | |
TRANSITIONAL PROVISIONS | |
145 | Meaning of "former Acts" |
146 | Transitional regulations |
147(1) | Continuation of documents under former Acts |
(2) | Caveat filed in L.T.O. under Payment of Wages Act |
148 | |
149 | Appointments continued |
150 | Matters under former Acts continued |
151(1) | Application to benefit earned after Code in force |
(2) | Application to benefit earned in period occurring before and after Code in force |
152 and 153 | |
154 | Reference in legislation or document to former Act |
155 to 162 | |
MISCELLANEOUS PROVISIONS | |
163 | Repeal |
164 | C.C.S.M. reference |
165 | Coming into force |