SAFE Workers of Tomorrow

SAFE Workers of Tomorrow
* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015 * * * ## ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow Today’s Presentation: What are Employment Standards Wages Hours of Work Overtime Deduction from Wages Vacation General Holidays Unpaid Leaves Young Employees Termination of Employment Reporting for Work Additional Entitlements Questions * * * ## ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow WHAT ARE MANITOBA EMPLOYMENT STANDARDS? Establishes the rights and responsibilities of most employees and employers in Manitoba. Although this legislation does not address all workplace situations, it outlines some basic rules employers and employees must follow. Next slide discusses jurisdiction, who is covered: these standards do not apply to federal, self employed, or independent contractors. * * * ## ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow FEDERAL EMPLOYMENT STANDARDS About 90% of the Canadian workforce is covered by provincial or territorial labour laws. Some examples of the federally regulated sector: - airlines and air transport; railway and road transport; banks; grain elevators, feed and seed mills; uranium mining; port services, many first nations; and most federal crown corporations (postal service). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow IMPORTANT CONSIDERATIONS Set out the MINIMUM standards. Employees can not agree to work for less than the minimum standard. Applies to both full, part time and casual employees. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow MINIMUM WAGE The minimum wage in Manitoba is $11.00 per hour for most employees, regardless of age. Construction Industry Minimum Wage (CIWA) may have different wages for some construction workers (visit the website for more information). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow PAYMENT OF WAGES Wages must be paid at least twice a month. All wages must be paid no later than ten (10) working days after the end of the pay period or after termination (in construction, wages must be paid no later than five (5) working days). You must get a pay statement showing your regular hours, overtime hours, rate of pay, itemized deductions, and your net wages paid. * * ##

OVERTIME AND OVERTIME EXCLUSIONS
* * 07/16/96 07/16/96 SAFE Workers of Tomorrow OVERTIME AND OVERTIME EXCLUSIONS * * ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow Overtime and Hours of Work 8 hours per day 40 hours per week Standard hours Work above your standard hours. Overtime pay is at 1.5 times the employee’s regular rate of pay. Voluntary, unless in emergencies. Must be authorized or acknowledged. There are some exceptions – if in doubt, ask Employment Standards!!! Director of Employment Standards may approve an application to increase the standard hours for an employer IF 75% of the employees are in favour of it and it does not negatively affect safety. Section 14 of the Code. * * * ## ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow OVERTIME HOURS EXAMPLE Example ONE week work period: Daily hours per week (7 days) Week totals S M T W F Total Reg. OT A) 8 48 40 B) 6 10 38 36 2 Ex. A: More than your weekly standard hours, entitled to overtime. Ex. B: More than your daily standard hours, entitled to overtime. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow OVERTIME AS BANKED TIME Time in lieu of overtime wage by express written agreement from the employee only. Minimum of 1.5 times the number of overtime hours worked. Take or paid within three months. Overtime must be authorized or acknowledged. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow EXCLUSIONS TO OVERTIME Exclusion 1: Employees who perform management functions primarily. Exclusion 2: Employees who have substantial control over their hours AND earn more than 2 times the Industrial Average. Industrial Average updated to the website each June (as of 2010 = $40,890.20). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow EXCLUSIONS TO OVERTIME Other Exclusions: Employees who are covered by a union collective agreement. Employees who are covered by an averaging permit. Employees working in certain construction industries. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow INDIVIDUAL FLEXTIME AGREEMENTS A written agreement between employer and employee which sets out a schedule different than the standard hours of work. Intended to help employees manage their personal and work life responsibilities. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow INDIVIDUAL FLEXTIME AGREEMENTS May be requested by employees ONLY. Must already be working a minimum of 35 hours per week. CANNOT exceed 10 hours per day, or 40 hours a week. Agreement can be ended by either employer or employee with two weeks notice, or if both parties agree. An employer cannot use flextime agreements as a condition of employment or force an employee into an agreement. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow DEDUCTIONS FROM WAGES * * ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow DEDUCTIONS FROM WAGES Deductions must be of direct benefit to the employee, employee must consent. Allowable deductions include: Statutory deductions Court orders or garnishments Recovery of pay advances or errors Agreed to deduction for 'photo radar' ticket Any other agreed to deduction of direct benefit 19[2] With employees consent, employer may deduct an amount for something provided as a direct benefit to the employee which the employee was not required to obtain (from employer or otherwise). Find example * * * ## ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow DEDUCTIONS FROM WAGES Employers cannot deduct for: Broken, stolen or damaged property Faulty or poor quality work Customer theft (including dine and dash) Cash or inventory shortages Safety equipment or business supplies Interest or other fees for cash advances or chasing cheques Employees cannot authorize or sign for deductions that are not allowable. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow DEDUCTIONS FROM WAGES Tools Employers can require employees to have their own tools or allow the purchase of tools from the employer only if: tools remain the property of the employee; available from different suppliers; reasonably used with various employers in the same occupation or industry; or voluntarily purchased from employer instead of another supplier. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow DEDUCTIONS FROM WAGES Uniforms or Special Clothing Uniforms are a form of dress that are normally unique to a business. Employers can not charge or deduct for uniforms. Dress Code Employers may establish a dress code. Employers may require certain items of clothing as long as employees can choose where they are purchased from and they can be reasonably used outside of work. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAYS * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAYS There are 8 General Holidays in Manitoba: New Year’s Day Louis Riel Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAYS Easter Monday; the August Civic Holiday; Remembrance Day; and Boxing Day ARE NOT General Holidays. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAYS ELIGIBILITY All employees receive general holiday pay unless: They are absent from work on a general holiday and were scheduled to work. They are absent from work without permission on their scheduled workday before and after the holiday. Unless they are ill or on an approved leave. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAY PAY General holiday pay can be calculated in two ways: The wages normally earned in a work day (if hours and wages do not vary); or 5% of the employee’s total wages in the four- week period before the holiday (if hours or wages change from day to day). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GENERAL HOLIDAY PAY Working on a General Holiday: Employees who perform work on a General Holiday are ALSO entitled to 1.5 times the regular rate of pay for all hours worked. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow UNPAID LEAVES * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow UNPAID LEAVE There are 10 types of Unpaid Leaves Maternity Leave 17 Weeks Parental Leave 37 Weeks Compassionate Care Leave 8 Weeks Family Leave 3 days per year Bereavement Leave 3 days on the death of a family member Organ Donation 13 weeks * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow UNPAID LEAVE Citizenship 4 hours Reservist Leave For as long as the person serves in the Reserve Critical Illness of a Child 37 weeks Death or Disappearance of a Child (effective June 2013) Up to 52 weeks if the worker's child has disappeared as a result of a crime, and up to 104 weeks if the child has died as a result of a crime * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow UNPAID LEAVE Leaves are unpaid (but EI may offer benefits). Must be employed for at least 30 calendar days for Bereavement, Family, Organ Donation, Citizenship Ceremony, Compassionate Care Leave, Leave Related to Critical Illness of a Child and Leave Related to the Death or Disappearance of a Child. Must be employed for at least 7 months for Reservist, Parental or Maternity Leave. * * ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow UNPAID LEAVE Employees must provide reasonable verification of the need for a leave. Notice for each type of leave varies, check with Employment Standards. Must be reinstated to the same job without loss of wages or benefits. Jury Leave is covered under The Jury Act. The Elections Act requires your employer to allow you at least 3 hours to vote on election day. Notice varies: in cases of bereavement or family leave, notice required is as soon as reasonably practicable possible. Compassionate care: one pay period of notice before leave, but if they cannot, they will still be entitled. * * * ## ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow DEFINITION OF FAMILY Family is defined very broadly for unpaid leaves to include: Children, stepchildren, parents, grandparents, spouses, common-law spouses, aunts, uncles, siblings (step), nieces, nephews, are all considered family. Also includes a person who is not related, but is considered a family member. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow YOUNG EMPLOYEES * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow YOUNG EMPLOYEES Employees under 18 years old: CANNOT WORK ALONE between 11:00pm and 6:00am. Are restricted from working in certain industries or performing certain types of work (confined spaces, underground mining). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow YOUNG EMPLOYEES Employees under 16 years of age: Must have a permit from Employment Standards before they can work (requires four signatures). Cannot work “graveyard” shift, 11:00pm to 6:00am. Cannot work more than 20 hours during a week of school. Are restricted from working in some industries (construction, manufacturing, etc.). * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT No Alternative Notice Policies permitted (unless specified by a collective agreement). Employers cannot withhold wages of employees who terminate without notice. Employer must not change the employee’s working conditions or wage rates. Graduated Notice Provisions * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Notice of Employer to Employee: Years of Service Required Notice Less than 30 days No Notice 30 days to 1 year 1 week 1 to 3 years 2 weeks 3 to 5 years 4 weeks 5 to 10 years 6 weeks 10 years or more 8 weeks * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Notice of Employee to Employer: Years of Service Required Notice Less than 30 days No Notice 30 days to 1 year 1 week More than 1 year 2 weeks * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT There are exceptions to notice: When employment has been for less than 30 days. When employment is for a specific length of time or a specific task or job. A unionized workplace when a probationary period is specified by a collective agreement. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Other situations that do not require notice: an employee working in construction; an employee in a term position that does not last more than 12 months; an employee working in a “casual” position where they can choose to work or not to work for a temporary period; or an employee who has been placed on temporary layoff. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Employers have the right to terminate employees, but generally must provide advance notice that the employment is ending. In some circumstances, the employer may be able to show that there was sufficient reason to terminate employment immediately without notice. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Just cause refers to situations where notice of termination is not required because of an act or behaviour by an employee that is deemed to be unacceptable. The onus is on employers to prove there is good reason (just cause) for terminating without notice. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT The following are some examples that may be just cause: theft dishonesty violence wilful misconduct neglect of duty disobedience * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TERMINATION OF EMPLOYMENT Very serious acts such as wilful misconduct, dishonesty, theft and violence might happen one time and be serious enough to be just cause. Being late, missing work and poor performance are not necessarily enough to terminate without notice. Employment Standards will investigate complaints related to whether you should have been provided a notice period. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow REPORTING FOR WORK * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow GUARANTEE OF REPORTING TO WORK Provides employees who report for work with some income security: Guarantees a minimum of 3 hours of wages OR Wages for scheduled shift (if less than 3 hours) * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow VACATION * * ##

* * * 07/16/96 07/16/96 07/16/96 SAFE Workers of Tomorrow VACATION Employees begin earning vacation pay on the first day worked. Vacation is paid on termination, or after the first year worked. Two weeks of vacation and 4% of gross regular wages as vacation pay each year. After 5 consecutive years with the same employer you get three weeks of vacation and 6% of regular wages as vacation pay. An employer cannot require you to take less than one week of your vacation at a time. * * * ## ##

ADDITIONAL ENTITLEMENTS
* * 07/16/96 07/16/96 SAFE Workers of Tomorrow ADDITIONAL ENTITLEMENTS * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow BREAKS AND DAY OF REST After five hours of work, an employer must provide a 30 minute unpaid break. Employers must provide a rest period of no less than 24 consecutive hours once a week. Exemptions may be granted by the Director of Employment Standards Division. If you are not receiving breaks or a day of rest, check with Employment Standards. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow TRANSPORTATION An employer must provide you with adequate transportation between your home and place of employment when: your employer’s place of business and your home are located within the boundaries of the same city or town, and your shift starts or ends between the hours of 12:00 midnight and 6:00 a.m. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow APPEALS A complaint may be made to Employment Standards if you think your employer is not complying with the Code. If Employment Standards does not agree with you, you may apply that decision to The Manitoba Labour Board (MLB). The Director of Employment Standards can reconsider their decision before the matter is referred to the MLB. * * ##

* * 07/16/96 07/16/96 SAFE Workers of Tomorrow ? * * ##

* * 07/16/96 07/16/96 * * ##

Resources for your future questions
* * 07/16/96 07/16/96 SAFE Workers of Tomorrow Resources for your future questions - Manitoba Employment Standards Inquiry: Call: or Visit: - H.R.S.D.C. Labour Program Inquiry: Call: or Visit: Safe Workers of Tomorrow: Call: Visit: * * ##

www.workersoftomorrow.com Tel. 204-992-2988
* * 07/16/96 07/16/96 Tel * * ##

SAFE Workers of Tomorrow

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