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. |