Employment Standards Act - Remembrance Day

To Whom Does This Apply?

Most industries are required to observe Remembrance Day by remaining closed and ceasing business operations all day on November 11th. The prohibition of work on this day does not apply to:

1. Hospital employees
2. Hotel and restaurant employees
3. Police officers, firefighters, security officers
4. Power engineers and janitors
5. Domestic servants
6. Child care and home care workers
7. Workers performing emergency repairs
8. Workers required to supply heating, gas, lighting, electrical services, or water supply
9. Workers in transportation services of goods or passengers involving railway, aircraft, motor vehicle, including vehicle rental agencies
10. Workers caring for perishable products, or live animals, including the operation of animal hospitals
11. Workers in a dairy or milk processing plant
12. Bakery workers for the baking of products only
13. Employees of a continuous operation business usually operating day and night continuously (does not apply to retail)
14. Workers of meat packing plants, with some restrictions
15. Employees of registered brokers who transact business for clients on stock exchanges outside Manitoba
16. Workers for conducting commemorative or religious services
17. Employees of newspapers, telecommunication carriers, television or radio stations, and cable companies
18. Workers in the farming industry.

Summary

TERMS AND CONDITIONS

Retail business establishments may operate on Remembrance Day but only be open to the public prior to 9:00 a.m. and after 1:00 p.m. This applies to retail businesses that sell or offer to sell goods and services, trades person or professional services, rental companies, and businesses charging admission to performances such as movies, concerts, theatre, exhibits, and sports events.
Exception: Mandatory closing between 9:00 a.m. and 1:00 p.m. does not apply where the only goods or services that are sold or offered for sale are:

• In the form of or in connection with living accommodations of prepared meals
• Professional health services, veterinary services
• Drugs, medicines, surgical appliances or infant formula
• Gasoline, motor oil or related products
• Vehicle parts or services for emergency repairs only.

Performances cannot be produced, prepared or conducted between 9:00 a.m. and 1:00 p.m.

Employees who are required to and work on Remembrance Day shall be paid 1 ½ times the regular rate of pay for all hours worked, but for not less than half the normal working hours of a regular working day.

The employee may also be entitled, if they qualify, to receive regular pay in addition to the wages earned for working on Remembrance Day. To qualify, the employee must:

• Have earned wages for part, or all of 15 days out of 30 calendar days before Remembrance Day, and
• Have been available for work on their regular working days before and after Remembrance Day.

Employees of hospitals, hotels, restaurants, gas stations, domestic services, amusement places, or a continuous operation business, who work on Remembrance Day may be paid their regular rate of pay if they receive another day off with pay equivalent to the hours worked on Remembrance day. This compensatory time off is required to be within 30 days after Remembrance Day, or on another mutually agreed date.

While it is common practice for employers to pay employees who do not work on Remembrance Day, it is not a requirement that employees be paid for that day.
In any retail business establishment, an employee may refuse to work on Remembrance Day if the employee gives notice to the employer at least 14 days before Remembrance Day.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
Manitoba Labour and Immigration
639 Park Avenue
P.O. Box 50
Beausejour, Manitoba  R0E 0C0
Telephone: (204) 268-6042
Fax: (204) 268-6045
Toll-free (information): 1-800-821-4307