Employment Standards Act - Employee Protection

Summary

No employer or employee may enter into any agreement which contravenes any portion of provincial labour legislation. No employer shall discharge or otherwise discriminate against any person because that person has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this act.

TRANSPORTATION

Where the employee's work period begins or ends between twelve midnight and six in the morning, the employer shall provide the employee with adequate transportation to the employee's residence or the place of employment, at the expense of the employer.

Exception: This regulation does not apply to police officers and employers of the police officers, nor does it apply to employees residing outside the city or town limits in which they are employed.

MINIMUM CALL IN TIME

On each occasion when an employee is required to report to work on the premises of the employer's establishment at the request or command of the employer, the employer shall pay the employee for not less than three hours calculated at the minimum wage.

Exception: An employee of a theatre, hotel, or restaurant, in a rural area, or an employee who is under 16 years of age. Nor does this regulation apply to a regular scheduled work period of less than three hours.

MEAL BREAK

Employees are entitled to a half-hour unpaid meal break if they work a shift of five hours or longer. Additional meal breaks are at the discretion of the employer.

Exception: This period may be shortened by permission of the Manitoba Labour Board or by way of collective (union) agreement.

WEEKLY DAY OFF

Employees are entitled to one day off each week and cannot be required to work seven consecutive days.

Exception: Exceptions may be made only if the employer is exempted by Section 41(6) ofThe Employment Standards Act or the Minister of Labour.

EQUAL PAY

No employer can pay female and male employees in the same establishment differently if they are doing work that is the same or substantially similar. In order to be considered the same or substantially similar, the jobs must require similar effort, skills and responsibilities and be performed under similar working conditions.

CHILD EMPLOYMENT

Persons under 16 years of age are permitted to work only if they have been granted a Child Employment Permit. Applications, available from Employment Standards offices, must be signed by the child's parent or guardian, the employer, the child, and the child's school principal if the work period occurs during the school year.

ELECTIONS

Employees are entitled to three hours for voting in federal and provincial elections, but not civic elections. Polls are open from 8:00 a.m. to 8:00 p.m. (provincial elections) or 8:30 a.m. (federal elections) to 8:30 p.m.

AREAS NOT COVERED BY LABOUR LEGISLATION

Coffee breaks, sick days, and compassionate or bereavement leave are not covered under Manitoba labour legislation and are up to the employer's discretion. Holiday practices for the August Civil Holiday, Easter Sunday and Boxing Day are also not covered.

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