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S.M. 1998, c. 29
THE EMPLOYMENT STANDARDS CODE AND CONSEQUENTIAL AMENDMENTS
Table of Contents
| PART 1 | |
| DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE | |
| 1(1) | Definitions |
| (2) | Meaning of "this Code" |
| (3) | "Wage" includes money payable by employee |
| 2(1) | Application of this Code |
| (2) | Meaning of "agency of the Crown" |
| (3) | No application to independent contractor or others exempted by regulation |
| 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 | Agreement to work for lower standard is no defence |
| 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 | |
| HOURS OF WORK | |
| 9 | Application of Division to construction industry |
| 10 | Standard hours of work |
| 11(1) | Increase in daily standard hours of work |
| (2) | No overtime for increased daily hours |
| 12(1) | Shift work |
| (2) | Overtime wage rate applies to excess hours |
| 13 | Board may authorize varied standard hours of work |
| 14(1) | Board may set terms and conditions in order |
| (2) | Board to consider certain factors |
| 15(1) | Board may review order |
| (2) | Board may vary or revoke order |
| DIVISION 3 | |
| OVERTIME | |
| 16 | Employer rights re overtime |
| 17(1) | Overtime to be paid at overtime wage rate |
| (2) | Overtime does not include certain break time |
| 18(1) | Time off for overtime to be taken at certain times |
| (2) | Overtime wages to be paid within certain time |
| (3) | Amount of time off |
| (4) | Regular wage rate for time off |
| (5) | Deeming of hours and payments during time off |
| (6) | Overtime wages to be paid on termination |
| 19 | Overtime in emergencies |
| 20(1) | Overtime in declared state of emergency |
| (2) | Duration of mandatory overtime |
| DIVISION 4 | |
| GENERAL HOLIDAYS | |
| 21 | General holidays |
| 22 | Eligibility to be paid wages for general holiday |
| 23(1) | Entitlement of employee not working on work day |
| (2) | Entitlement of employee whose wages vary |
| (3) | Employee entitled whether or not on payroll |
| 24 | Entitlement of employee working on normal day off |
| 25 | Entitlement to wage for general holiday not worked |
| 26 | Employee working on holiday entitled to wages |
| 28(1) | Definitions |
| (2) | Time off instead of overtime wage |
| (3) | Employer to give notice of compensatory time off |
| 29(1) | Certain holidays falling on non-working day |
| (2) | Certain holidays falling on Saturday or Sunday |
| 30(1) | Substitution of other day for general holiday |
| (2) | Substituted day is deemed general holiday |
| (3) | Onus |
| 31 | Wages on termination for holiday time not taken |
| 32 | Construction employees |
| 33 | Application to minimum wage earners |
| 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 | Board may set conditions and vary order |
| DIVISION 7 | |
| WORK BREAKS | |
| 50(1) | Employer to provide break |
| (2) | Length of break |
| (3) | Board may set conditions and vary order |
| DIVISION 8 | |
| CALL IN WAGES | |
| 51 | Entitlement of employee to call in wages |
| DIVISION 9 | |
| MATERNITY LEAVE AND PARENTAL LEAVE | |
| 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 |
| 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 |
| GENERAL | |
| 60(1) | Prohibition of certain terminations and lay-offs |
| (2) | Reinstatement of employee after leave |
| (3) | Employment is deemed continuous |
| DIVISION 10 | |
| TERMINATION OF EMPLOYMENT | |
| SUBDIVISION 1 | |
| TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL | |
| 61 | Notice of termination |
| 62 | Exceptions to notice requirement |
| 63(1) | Employer may establish a practice re notice |
| (2) | Notice of practice to be given to new employees |
| 64 | Notice where term of employment is not fixed |
| 65(1) | Notice where fixed term is continued |
| (2) | Further term may be fixed |
| 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) | Notice not required for certain terminations |
| (3) | Employer to give copy of notice to certain persons |
| (4) | Content of notice |
| 68(1) | Individual notice required under Subdivision 1 |
| (2) | Notice of termination by affected employee |
| 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 | |
| 76 | Employer not to change conditions after notice |
| 77 | Employer may pay wages instead of giving notice |
| 78 | Lay-off deemed to be termination |
| 79 | Complaint respecting improper termination |
| 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 | |
| CHILDREN AND ADOLESCENTS | |
| 83(1) | Definition |
| (2) | Employment of individual under 16 |
| (3) | Certain employment of children prohibited |
| (4) | Prohibition of employment in certain businesses |
| 84(1) | Meaning of "adolescent" |
| (2) | Adolescent deemed to be adult |
| (3) | Regulations |
| 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 order |
| 87 | Complaint respecting payment of wages |
| 88 | How wages are to be paid |
| 89(1) | Employer to pay certain wages to director |
| (3) | Director may transfer money to Consolidated Fund |
| DIVISION 2 | |
| DIRECTORS OF CORPORATIONS | |
| 90 | Liability of corporate directors |
| 91(1) | Officer may order corporate director to pay wages |
| (2) | Provisions on recovery of wages apply to corporate directors |
| (3) | Corporate director may recover from corporation |
| DIVISION 3 | |
| COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS | |
| 92 | Filing of complaint with officer re unpaid wages |
| 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 amount recoverable |
| 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 |
| 103(1) | Director may file order in court |
| (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(1) | Employees to share proceeds in proportion to claims |
| (2) | Director may direct division of proceeds |
| 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 |
| (2) | Referral to be in writing and include reasons |
| (3) | Director not required to refer resolved matter |
| 111(1) | Certain persons to pay deposit |
| (2) | Application to board chairperson to 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 |
| 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) | Order is enforceable under Part 3 |
| (4) | Order not subject to maximum recovery |
| 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 |
| 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 |
| 126(1) | Calculation of wages re termination of employment |
| (2) | Board may authorize deduction by employer |
| 127 | Board may determine matter relating to vacation |
| 128(1) | Inquiries respecting certain groups or associations |
| (2) | Order of board after inquiry |
| 129 | Inquiry into matter arising from Code |
| 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) | Record required for wage paid by week or month |
| (3) | Records to be kept for minimum periods |
| (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 | |
| 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 | |
| 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 | |
| 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 | Minimum wage boards continued |
| 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 | Vacation entitlement under Vacations with Pay Act continued |
| 153 | Payment of interest on wages payable |
| 154 | Reference in legislation or document to former Act |
| CONSEQUENTIAL AMENDMENTS | |
| 155 | C.C.S.M. c. C190 amended |
| 156(1) | C.C.S.M. c. C301 amended |
| (2) | |
| (3) | |
| 89 | Application of The Employment Standards Code |
| 157 | C.C.S.M. c. P13 amended |
| 158 | Consequential amendment, C.C.S.M. c. P215 |
| 159 | Consequential amendment, C.C.S.M. c. R30 |
| 160(1) | Consequential amendment, C.C.S.M. c. R80 |
| (2) | |
| (3) | |
| (4) | |
| 161 | C.C.S.M. c. S230 amended |
| 162 | Consequential amendment, C.C.S.M. c. T60 |
| MISCELLANEOUS PROVISIONS | |
| 163 | Repeal |
| 164 | C.C.S.M. reference |
| 165 | Coming into force |