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The Employment Standards Code

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(3) Repealed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11 Repealed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
(6) Employer to post work schedules
(7) Effect of change in posted hours
14.1 (1) Individual flextime arrangements
(2) Agreement may provide alternative hours
(3) Terminating the agreement with less notice
(4) Adjustments permitted
(5) Director may terminate or prohibit an agreement
15 Repealed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16 Repealed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20 Repealed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
LEAVE FOR CITIZENSHIP CEREMONY
59.7 (1) Unpaid leave for citizenship ceremony
(2) Notice to employer
LEAVE RELATED TO CRITICAL ILLNESS OF CHILD
59.8
LEAVE RELATED TO DEATH OR DISAPPEARANCE OF CHILD
59.9 (1) Definitions
(2) Entitlement to leave — death of child
(3) Entitlement to leave — disappearance of child
(4) Exception
(5) Employee to give notice to employer
(6) Verification
(7) 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 (1) Wage in lieu of notice
(2) Payment required despite other employment, etc.
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
81 Repealed
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