The Employment Standards Code Amendment Act

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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).

Bill 23

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT

Explanatory Note

(Assented to )

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

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:

(b) whether 75% of the employees who would be affected by the permit favour its being issued;

2(2)

The following is added after subsection 14(5):

Employer to post work schedules

14(6)

The employer must also post individual work schedules for employees two weeks before the work is performed, when the director requires it.

Effect of change in posted hours

14(7)

(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;

any hours worked over eight per day not set out in the original schedule are overtime.

The following is added after section 14:

Individual flextime arrangements

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.

Agreement may provide alternative hours

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.

Terminating the agreement with less notice

14.1(3)

An agreement may be terminated with less than two weeks' notice if both parties agree.

Adjustments permitted

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.

Director may terminate or prohibit an agreement

14.1(5)

The director may, by written notice to the employer,

(a) terminate an agreement at any time;

(b) prohibit the employer from entering into an agreement under this section.

Subsection 25(2) is amended in the part before clause (a) by adding "climate-controlled agricultural business," after "continuously operating business,".

Clause 62(1)(h) is replaced with the following:

(h) when the employment of the employee is terminated for just cause;

Section 77 is amended by renumbering it as subsection 77(1) and adding the following as subsection 77(2):

Payment required despite other employment, etc.

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.

Subsection 135(1) is amended by adding the following after clause (d):

(d.1) copies of any work schedules for the employee as described in subsection 14(6);

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.

Coming into force

This Act comes into force on January 1, 2012.

Explanatory Note

This Bill amends The Employment Standards Code. The key changes are as follows.

At the request of an employee, an employer and employee will be able to enter into a written flextime agreement. Such an agreement may alter an employee's hours to a maximum of 10 hours per day and 40 hours per week.

The exceptions to the holiday requirements of the Code will be extended to climate-controlled agricultural businesses.

A "just cause" standard for terminating employment without notice will replace the existing "wilful misconduct" standard.

The Code sets standard hours of work at 8 hours per day and 40 hours per week; hours worked above these are overtime. Employers can apply to the Director of Employment Standards for an averaging permit to increase the hours in a work week or to average the hours across a longer period. Under this Bill, the director will be required to consider whether 75% of the employees affected by a permit are in favour of its being issued. The existing requirement that the director consider industry customs or practices is repealed.

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