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S.M. 1985-86, c. 34

An Act to amend The Employment Standards Act

(Assented to July 11, 1985)

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

Cl. 2(1)(j) am.

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Clause 2(1) (j) of The Employment Standards Act, being chapter E110 of the Revised Statutes is amended by striking out the word "Dominion" in the 1st line thereof and substituting therefor the word "Canada".

Sec. 8.1 added.

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The Act is further amended by adding thereto, immediately after section 8 thereof, the following section:

Agreements by adolescent.

8.1

An adolescent who enters into employment is liable thereon and has the benefit thereof as if the adolescent were an adult.

Subsec. 34(6) am.

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Subsection 34(6) of the Act is amended

(a) by striking out the word "Dominion" in the 1st and 2nd lines thereof and substituting therefor the word "Canada"; and

(b) by striking out the words "preceding or" immediately after the word "immediately" in the 4th line thereof.

Subsec. 35.1(1) am.

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Subsection 35.1(1) of the Act is amended

(a) by striking out the word "eight" in the 1st line of clause (a) thereof and substituting therefor the figures "10".

(b) by striking out the word "twelve" in the 1st line of clause (b) thereof and substituting therefor the figures "14"; and

(c) by striking out the word "sixteen" in the 1st line of clause (c) thereof and substituting therefor the figures "18".

Subsec. 35.1(4) am.

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Subsection 35.1(4) of the Act is amended by adding thereto, immediately after clause (a) thereof the following clauses:

(a.1) the reasons for which the employment of the employees is being terminated;

(a.2) the names of not less than 2 persons for the purpose of appointment to a joint planning committee under subsection (7.2) to represent the views of the employer;.

Subsecs. 35.1(7.1) to (7.14) added.

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The Act is further amended by adding thereto, immediately after subsection 35.1(7) thereof the following subsections:

Meaning of "affected employees".

35.1(7.1)

In this section "affected employees" means those employees whose employment is terminated or is to be terminated pursuant to a notice under this section.

Minister may appoint committee.

35.1(7.2)

Without limiting the generality of subsection (7), where notice is given to the minister in accordance with subsection (1), the minister may establish and appoint a joint planning committee consisting of

(a) not less than 2 persons representative of the views of the employer;

(b) not less than 2 persons representative of the views of the affected employees; and

(c) such other persons considered by the minister to be suitable for appointment to the committee.

Employer representatives.

35.1(7.3)

The employer representatives to any joint planning committee shall be appointed from among the names set out in the notice referred to in subsection (4).

Employee representatives where union.

35.1(7.4)

Where the affected employees are represented by a trade union, the minister shall appoint the employee representatives to a joint planning committee from among names submitted to the minister by the trade union, and the number of persons so appointed shall be equal in number to the number of persons appointed under this section to represent the views of the employer.

Employee representatives where no union.

35.1(7.5)

Where the affected employees are not represented by a trade union, the minister shall appoint the employee representatives to a joint planning committee from among names submitted to the minister by the affected employees, and the number of persons so appointed shall be equal in number to the number of persons appointed under this section to represent the views of the employer.

Employee representatives to be elected.

35.1(7.6)

Each person whose name is submitted to the minister under subsection (7.5) shall be elected by the affected employees and the employer shall assist the affected employees so as to facilitate the election of persons to represent the views of the affected employees.

Co-chairpersons.

35.1(7.7)

The members of a joint planning committee, other than members appointed in accordance with clause (7.2) (c), shall elect from among themselves 2 co-chairpersons, one being a representative of the affected employees selected by their representatives and the other being a representative of the employer selected by the employer's representatives.

Terms of reference.

35.1(7.8)

The minister may, in the instrument appointing persons as members of a joint planning committee, set forth

(a) a statement of the matters referred; and

(b) the date prior to which the committee shall make a report to the minister.

Procedure.

35.1(7.9)

Except as otherwise provided in this section, a joint planning committee may determine its own procedure.

First sitting.

35.1(7.10)

The members of a joint planning committee shall convene their first meeting within 7 days after the date the minister has appointed the committee.

Wages.

35.1(7.11)

A member of a joint planning committee who is an employee of the employer is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as a member of the committee and any time spent by such a member in carrying out such functions or attending such meetings shall, for the purpose of calculating wages owing to the member, be deemed to have been time spent at the member's work for the employer.

Object of joint planning committee.

35.1(7.12)

The object of a joint planning committee shall be to develop on a co-operative basis an adjustment program to eliminate the necessity for the termination of employment or to minimize the impact of such termination on the affected employees and to assist those employees in obtaining other employment.

Scope of matters considered.

35.1(7.13)

In attaining its object under subsection (7.12), a joint planning committee may deal with all matters relevant to its object and mandate and shall not be limited to dealing only with such matters as are normally the subject matter of a collective agreement in relation to termination of employment.

Co-operation with committee.

35.1(7.14)

The employer and any trade union or affected employees who submitted names of persons to the minister for appointment to a joint planning committee shall co-operate with and assist the committee in developing and implementing an adjustment program and provide the committee with such information as the committee may reasonably require.

Commencement of Act.

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