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The Employment Standards Act

R.S.M. 1987, c. E110

The Employment Standards Act

Table of Contents

1 Definitions.
2 Sellers of horticultural or market garden products.
3 Object and purpose.
(2) Application of Act.
4 Application of Act to Crown.
(2) Exemptions from application of Act
5 Administration by minister.
(2) Payment of expenses.
PART I
GENERAL
6 Records required to be kept by employers.
(2) Method of keeping records.
(3) Retention of records.
(4) Pay statement for employees.
(5) Where employer deemed to comply with subsection (4).
(6) Furnishing information on request.
(7) Production of record.
7 Conditions respecting take-home work.
(2) Conditions imposed by minister.
(3) Definition of "take-home" work.
8 Jurisdiction of Labour Board as to certain matters.
9 Employment of children.
(2) Agreements by adolescent.
10 Regulations.
11 Service of documents.
(2) Service by mail.
(3) Proof of service.
(4) Service by mail on employers.
12 Sunday labour not authorized.
13 Inquiries by board respecting employers and employees.
(2) Order of board after inquiry.
(3) General inquiries.
14 Special permits for certain employments.
OFFENCES AND PENALTIES
15 General offence and penalty.
(2) Continuing offence.
(3) Order to pay wages found due.
(4) One year limitation.
(5) Civil action not barred by this section.
(6) Agreement to work for less than minimum wage.
16 Responsibility of parent for employment of child or adolescent.
17 Notice of appeal.
(2) Enforcement by distress.
18 Collusion by employee.
19 Power of magistrate in addition to or instead of inflicting fine.
(2) Offence and penalty.
20 Employer exempted from fine or conviction of actual offender.
(2) Conviction of another person.
21 Wages a debt.
22 Wages collected by minister.
23 Employer ordered to provide security for payment of wages.
PART II
MINIMUM WAGES
24 Definitions.
25 Establishment of boards.
(2) Duties.
(3) Retirement of members.
(4) Term of office.
(5) Term of member filling a vacancy.
(6) Compensation for services.
26 Recommendations by board.
27 Regulations following recommendations of boards.
(2) Ancillary regulations.
(3) Effect of regulations.
28 Inquiries, etc., by boards.
(2) Inquiries, at request of minister.
(3) Requirement for board meeting.
(4) Powers of board conducting inquiry.
(5) Considerations in basing recommendations.
29 Payment of minimum wages required.
(2) Limitation on prosecution under subsec. (1).
PART III
HOURS AND CONDITIONS OF WORK
30 Definitions.
31 Where Act not applicable.
(2) Effect of suspension of application.
32 Standard hours of work.
(2) Overtime rates.
33 Variation in working hours.
(2) Variation of hours for shifts.
(3) Variation of hours for class of industry.
(4) Review of orders.
34 Overtime in emergencies.
(2) Suspension of overtime rates in declared emergencies.
(3) Report on emergency work.
(4) Employer rights re overtime.
(5) Meaning of "plant".
GENERAL HOLIDAYS
35 Pay for general holidays not worked.
(2) Average daily earnings.
(3) Employee entitled whether or not on payroll.
(4) Rate of pay for working on the general holiday.
(5) General holiday occurring on non-working day.
(6) General holiday occurring on Saturday or Sunday.
(7) Cases of no collective agreement.
(8) Cases where collective agreement affects some employees only.
(9) Variation where collective agreement in force.
(10) Employee not to work on day of rest.
(11) Cases where employee not entitled to pay for a general holiday.
(12) Minimum wage earners.
(13) Absence on account of illness.
(14) Other arrangements as to holiday work.
(15) Less favourable arrangements superseded.
(16) Compensatory time off.
(17) Construction industry employees.
36 Maternity leave.
(2) Commencement and terminating dates of leave.
(3) Special leave related to pregnancy.
(4) Special entitlement to leave.
(5) Limitation.
(6) Reinstatement of employee.
(7) Employment deemed continuous.
(8) Prohibition.
(9) Change in ownership of business.
(10) Regulations.
(11) Application of section.
37 Paternity leave.
(2) Length and commencement of leave.
(3) Special entitlement to leave.
(4) Application of other provisions.
38 Adoption leave.
(2) Length and commencement of leave.
(3) Special entitlement to leave.
(4) Application of other provisions.
NOTICE OF TERMINATION OF EMPLOYMENT
39 Termination of employment without notice prohibited.
(2) Where subsec. (1) not applicable.
(3) Establishment of practice as to termination of employment.
(4) Notice of practice to new employees.
(5) Notice required where term of employment not fixed.
(6) Length of notice required.
(7) Exception where wages paid less often than monthly.
(8) Notice where employment term is fixed.
(9) Notice where employment is for specified work.
(10) Effect of violent or improper conduct.
(11) Complaint to minister.
(12) Action by minister.
(13) Action on admission of failure to give notice.
(14) Hearing.
(15) Payment following order.
(16) Conclusivity of declaration under cl. (14)(b).
(17) Vacation pay.
(18) Referral to board.
(19) Appeal to Court of Appeal.
(20) Payment into court.
40 Notice for group termination of employment.
(2) Non-application of subsection.
(3) Copy of notice to union.
(4) Contents of notice.
(5) Payment in lieu of notice.
(6) Lay-offs.
(7) Co-operation with minister.
(8) Meaning of "affected employees".
(9) Minister may appoint committee.
(10) Employer representatives.
(11) Employee representatives where union.
(12) Employee representatives where no union.
(13) Employee representatives to be elected.
(14) Co-chairpersons.
(15) Terms of reference.
(16) Procedure.
(17) First sitting.
(18) Wages.
(19) Object of joint planning committee.
(20) Scope of matters considered.
(21) Co-operation with committee.
(22) Notice by employee.
(23) Exemption by minister.
(24) Variation of working conditions.
(25) Regulations.
WEEKLY DAY OF REST
41 Weekly day of rest.
(2) Exemption from application.
(3) Exemption by agreement.
(4) Accumulated holidays.
(5) Cancellation of permit.
(6) Persons to whom subsec. (1) does not apply.
DISCHARGE BECAUSE OF GARNISHMENT
42 Prohibition against discharge because of garnishment.
(2) Complaint.
(3) Labour Relations Act applies.
43 Employment of children.
(2) Prohibition of employment of adolescents.
PART IV
EQUAL PAY
44 Definitions.
45 Discrimination between sexes prohibited.
(2) When work deemed same.
(3) Exceptions.
46 Effect of acceptance of illegal wages.
47 Discharge or discrimination because of complaint.
48 Collective agreements contrary to Act forbidden.