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(3) | Repealed | |
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11 | Repealed | |
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15 | Repealed | |
DIVISION 3 | ||
OVERTIME | ||
16 | Repealed | |
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20 | Repealed | |
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 | Repealed | |
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 | |
UNPAID LEAVE FOR ORGAN DONATION | ||
59.6 | (1) | Interpretation |
(2) | Unpaid leave for donating an organ | |
(3) | Notice and medical certificate to be given to employer | |
(4) | Length of leave | |
(5) | Extending leave | |
(6) | Extensions not to total more than 13 weeks | |
(7) | Notice to employer — minimum period | |
(8) | When extended leave ends | |
(9) | Ending leave early | |
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 | Repealed | |
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) | Repealed | |
(3) | Employer to give copy of notice to certain persons | |
(4) | Content of notice | |
68 | (1) | Individual notice required under Subdivision 1 |
(2) | Repealed | |
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 | Repealed | |
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) | Repealed | |
(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 | Repealed | |
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 | Repealed | |
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 | Repealed | |
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 |