Fact Sheets

A Quick Guide To Employment Standards

A Quick Guide to Employment Standards

The Employment Standards Code provides employees and employers with information regarding minimum wage standards, protection for young workers, paying wages and more.

Agriculture

A Guide to Employment Standards in Agriculture

This fact sheet provides an overview of the minimum standards that employers in the agriculture sector need to be aware of.

A Guide to Workplace Rights and Protections for Foreign Farm Workers in Manitoba, Canada

This fact sheet outlines the legal rights and protections ensured by the government of Manitoba for farm workers working in this province on a seasonal or temporary basis. The Manitoba government's Employment Standards office enforces these rights and protections and has prepared this guide to answer the most common questions about working on Manitoba farms.

This information applies to all foreign farm workers except where specific examples are provided.

The Government of Canada has additional requirements set out in your employment contract that you and your employer must follow while working in Canada.


Standards for employees in Climate-Controlled Facilities

On June 30, 2008 changes made to The Employment Standards Code regarding employees working in agriculture came into effect. Different standards apply depending on the type of employment. This fact sheet provides information regarding employees who work in a climate-controlled facility.


Standards for employees of Agricultural Service Providers

On June 30, 2008 changes made to The Employment Standards Code regarding employees working in agriculture came into effect. Different standards apply depending on the type of employment. This fact sheet provides information regarding employees who work for an employer who is an agriculture service provider.

Standards for employees working on a farm in the primary production of agricultural products.

On June 30, 2008, changes made to The Employment Standards Code regarding employees working in agriculture came into effect. Different standards apply depending on the type of employment. This fact sheet provides information regarding employees who work on a farm in the primary production of agricultural products.

Child Performers

A Guide for Parents/Guardians of Child Performers

The Worker Recruitment and Protection Act provides protections for children in the talent and modeling industry by making the agency and the parents/guardians of child performers jointly responsible for the safety and well-being of the child.


Child Performer Recruitment Licence Information

All businesses engaged in child performer recruitment are required to have a licence from the Employment Standards Branch before they can audition, scout or recruit a child. This requirement results from the Worker Recruitment and Protection Act, which provides protections for children in the talent and modeling industry.


Child Performers Permit Information

All children promoted by a talent or modeling agency must have Child Performer Permit from Employment Standards. This requirement results from the Worker Recruitment and Protection Act, which improves protections for children in the talent and modeling industry.


Child Talent Agency Licence Information

By April 1, 2009, all businesses engaged in promoting child performers are required to have a licence from the Employment Standards Branch. Each child promoted also requires a Child Performer Permit. This requirement results from the new Worker Recruitment and Protection Act, which improves protections for children in the talent and modeling industry. This page highlights the changes.

Construction Industry

Construction Industry

The construction industry has several minimum standards that are different from other industries. Employees performing construction work, and their employers, need to know the different rules for termination and general holidays.  The Construction Industry Wages Act also sets the minimum wages in the industry for tradespersons and other construction workers in the Industrial, Commercial, Institutional sector (ICI) and the Heavy construction sectors.


Heavy Construction and Wage Schedule

The Construction Industry Wages Act, along with The Employment Standards Code, sets wages and working conditions on most Manitoba construction sites. The heavy construction sector has its own minimum standards and wage levels.

ICI Construction and Wage Schedule

The Construction Industry Wages Act, along with The Employment Standards Code, sets wages and working conditions on most Manitoba construction sites. The industrial, commercial and institutional (ICI) construction sector has its own minimum standards and wage levels.

Employment Agency Business/Temporary Help Agency

Employment Agency Business

Employment agency businesses help employers find suitable employees to hire.  They may also help someone write a resume and improve interview skills.  They connect employers with individuals who are job searching but they are not the employer.

 


Temporary Help Agency

Temporary help agencies assign their employees to their client's worksite for temporary work.  The temporary help agency is the employer and must ensure all wages are paid properly.

Ending Employment

Bankruptcies and Receiverships

Employees who are not paid because the employer declares bankruptcy or goes into receivership can file a claim with Manitoba Employment Standards.

Employees can also apply to the Government of Canada’s “Wage Earner Protection Program” in these situations.


Filing a Claim

The Employment Standards Code establishes the rights and responsibilities of most employees and employers in Manitoba. Employers and employees are often able to resolve disputes by speaking with Employment Standards or finding information from our website.  If employers and employees still disagree on what employees should be paid, a claim may be filed with Employment Standards. As a neutral third-party, Employment Standards can investigate and make a decision on what is owed.


Just Cause

Employers have the right to terminate employees but must give notice that the employment is ending.  An exception to the notice requirement applies where the employer can prove just cause.  Just cause refers to conduct that is of such a serious nature or extent that it essentially breaks the employment relationship.  Employment Standards investigates complaints to determine if the employer had just cause for the termination. 


Other Government Support

Employment Standards legislation does not cover all issues in the workplace. Employers and employees often ask questions better answered by another government agency or department.  


Paying Wages and Keeping Records

Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.  


Termination of Employment

Employment relationships can be ended by either an employer or employee. In most cases, the legislation requires the person ending the employment to give notice.

Foreign Worker Recruitment

Employer Registration Information

All employers wanting to recruit foreign workers, other than Manitoba Provincial Nominees, in Manitoba will first be required to register with Employment Standards. This requirement results from the Worker Recruitment and Protection Act, which improves protections for foreign workers.


Foreign Worker Recruitment Licence Information

A licence is required from Employment Standards for persons engaging in foreign worker recruitment in Manitoba under the Worker Recruitment and Protection Act.  This Act provides protections for foreign workers and sets out the obligations that recruiters must meet to be approved for a license in Manitoba.

General Holidays

General Holidays

General holidays are sometimes referred to as statutory holidays or stat holidays. They are days recognized by law as holidays. Employees either have this day off with pay, or are paid differently if they work.

How We Can Help

A Quick Guide to Employment Standards

The Employment Standards Code provides employees and employers with information regarding minimum wage standards, protection for young workers, paying wages and more.


Filing a Claim

The Employment Standards Code establishes the rights and responsibilities of most employees and employers in Manitoba. Employers and employees are often able to resolve disputes by speaking with Employment Standards or finding information from our website.  If employers and employees still disagree on what employees should be paid, a claim may be filed with Employment Standards. As a neutral third-party, Employment Standards can investigate and make a decision on what is owed.


Other Government Support

Employment Standards legislation does not cover all issues in the workplace. Employers and employees often ask questions better answered by another government agency or department.  


What is Minimum Wage?

The minimum wage is the lowest amount, per hour, employees must be paid by their employers for work in Manitoba.


What is the Labour Board?

Many people confuse the provincial Employment Standards and the Manitoba Labour Board. Employment Standards enforces minimum standards and investigates disagreements between employers and employees. The Manitoba Labour Board adjudicates decisions made by Employment Standards and gives employers and employees a chance to present evidence at a hearing.


Who is covered by The Employment Standards Code?

Employment standards legislation covers employees whose workplaces are under provincial jurisdiction. Almost 90% of all workplaces in Manitoba fall under provincial jurisdiction.  Some professionals and some employees working in agriculture and independent contractors are exempt from The Employment Standards Code.

Independent Contractors

Independent Contractors

Independent contractors are not covered under Manitoba’s employment standards.  The laws for minimum wage, vacations, general holidays, and termination of employment, among other standards, do not apply to independent contractors.  But some employees are mistakenly classified as independent contractors.   

It is important for employees to be correctly classified so that they receive proper wages and other entitlements provided under The Employment Standards Code.  Employment Standards enforces payment of wages where an employee has been incorrectly classified as an independent contractor. 

Leaves

A Summary of Leave of Absence Options

The Employment Standards Code provides a number of leaves of absence to allow employees time to deal with certain events in their lives without the loss of their job.


Bereavement Leave

Bereavement leave allows employees unpaid time off to deal with the death of a family member or a loss of pregnancy, without fear of job loss.

 


Compassionate Care Leave

Compassionate care leave gives employees the opportunity to take up to 28 weeks of unpaid leave to care for or support a critically ill family member who has a significant risk of death within the next 26 weeks.


Family Leave

Family leave allows employees unpaid time off to deal with family responsibilities or personal illness without fear of job loss.


Interpersonal Violence Leave

Employees who are victims of interpersonal violence may be entitled to take a leave from work. Interpersonal violence leave gives job protection to eligible employees to take time off work for specified purposes to address needs that arise from exposure to, or experiences of, interpersonal violence. 


Interpersonal violence includes domestic violence, sexual violence, and stalking.


Leave for Citizenship Ceremony

Leave for a citizenship ceremony allows new Canadians to take up to four hours of unpaid leave for the purpose of attending their Canadian citizenship ceremonies.


Leave for Organ Donation

Leave for organ donation allows employees to take unpaid leave to donate an organ or tissue to another individual.


Leave for Reservists

Members of the Canadian Forces Reserves are entitled to unpaid leave and job protection while they are serving our country. 

 


Leave Related to Critical Illness

This leave is unpaid time off work to allow employees to provide care and support for a critically ill family member.  Legislation provides job protection during the leave.


Leave Related to the Death or Disappearance of a Child

This leave allows parents to take a leave of absence from work to help deal with the death or disappearance of a child that occurred as a result of a crime under the Criminal Code.


Long-Term Leave for Serious Injury or Illness

Employees who are suffering from a serious injury or illness which will prevent them from being at work for at least two weeks may be entitled to this leave.  Long-term leave for serious injury or illness provides time off work and protects employees from lay-off or job termination during the period of the leave.


Maternity Leave

Maternity leave gives expectant mothers the opportunity to take unpaid leave from work, without the fear of job loss.


Parental Leave

Parental leave gives parents the opportunity to take an unpaid leave from work to care for a new child in their family without the fear of job loss.


Public Health Emergency Leave

Businesses and industry in Manitoba are responding to COVID-19 in a number of different ways. This situation creates new challenges for both employers and employees.

Manitoba has introduced a temporary job-protected leave to the Employment Standards Code for employees who are unable to work due to circumstances related to the COVID-19 pandemic.

Most Common Issues

A Summary of Leave of Absence Options

The Employment Standards Code provides a number of leaves of absence to allow employees time to deal with certain events in their lives without the loss of their job.


Deductions from Wages

Employers are responsible for paying employees properly for all hours worked. 

Employees and employers are sometimes unsure what can be deducted or held by the employer from those wages.  The general rule is employers can only deduct money required by a law, or money the employee agrees to pay for something that is a direct benefit to them.


General Holidays

General holidays are sometimes referred to as statutory holidays or stat holidays. They are days recognized by law as holidays. Employees either have this day off with pay, or are paid differently if they work.


Overtime

Standard hours of work are generally 8 hours in a day and 40 hours in a week. Work beyond these hours is overtime and must be paid at 1 ½ times the employee’s regular wage rate.

Most employees are paid for overtime, including students, part-time employees, and minimum wage-earners.


Termination of Employment

Employment relationships can be ended by either an employer or employee. In most cases, the legislation requires the person ending the employment to give notice.


Vacations and Vacation Pay

Employees must receive at least 2 weeks of vacation per year for the first four years of employment, and a minimum of 3 weeks of vacation after the fifth consecutive year.

For each week of vacation, employees are entitled to 2% of the wages earned in that year, meaning that, employers may put vacation pay on every cheque, or they may choose to pay out at the time of the vacation leave.


What is Minimum Wage?

The minimum wage is the lowest amount, per hour, employees must be paid by their employers for work in Manitoba.


Young Employees

Minimum standards such as general holidays, vacations, minimum wage and termination apply to all employees regardless of age.  Young people who are 13, 14, or 15 years of age need to complete a Young Worker Readiness Certificate Course before they can begin working, and there are rules that restrict their hours of employment and the types of work they can perform. 

Overtime and Hours of Work

Averaging Agreements

Employers and employees can enter into a written agreement to change their standard hours of work.  The new schedule may cycle up to a maximum of 12 weeks but must always average back to 40 hours per week.  These agreements do not need approval from Employment Standards.


Averaging Permits

Employers may apply to change the standard hours of work from the minimum (8 hours per day and 40 hours per week) to a schedule that better fits their business needs. The new schedule may cycle over several weeks but must always average back to 40 hours per week.

Hours of Work and Breaks

Standard hours of work are 40 hours per week and 8 hours per day. In most cases, employees who work more than the standard hours they must be paid at the overtime wage rate. Employees are also entitled to an unpaid 30 minute break after 5 hours of consecutive work.


Individual Flex-Time Agreements

Standard hours of work are generally 8 hours per day and 40 hours per week.  Individual employees can ask their employer to enter into a written agreement to alter their daily standard hours of work.  This agreement is intended to provide employees with greater flexibility and help them balance their work and personal life responsibilities.


Overtime

Standard hours of work are generally 8 hours in a day and 40 hours in a week. Work beyond these hours is overtime and must be paid at 1 ½ times the employee’s regular wage rate.

Most employees are paid for overtime, including students, part-time employees, and minimum wage-earners.


Overtime Exemptions - Workers Who Perform Management Functions Primarily

Most employees are entitled to be paid 1 ½ times their wage for hours worked beyond eight hours in a day or 40 hours in a week. Employees are only entitled to overtime wages for work that is requested, acknowledged, or authorized by the employer. In some cases, employees are not entitled to overtime wages because they perform management functions primarily.


Overtime Exemptions - Workers Who Substantially Control Their Hours of Work

Most employees are entitled to be paid 1½ times their wages for hours worked beyond eight hours in a day and 40 hours in a week. Employees are only entitled to overtime for work that is requested, acknowledged or authorized by the employer. In some cases, employees are not entitled to overtime wages because they have substantial control over their hours of work and earn at least twice the Manitoba Industrial Average Wage. 


Overtime for Incentive Pay

Overtime wages are calculated using 1 ½ times the employee's regular hourly wage. Employees paid by the hour, week, or month know, or can calculate, their hourly wage before they begin working.

For incentive pay, the hourly wage is not known until the work is done or the pay period is finished.  Incentive pay is based on productivity, not on an hourly wage.


Paying Wages and Keeping Records

Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.  


Wage for reporting for work

Sometimes employees are scheduled to work a shift and then the shift is cancelled or shortened. In other situations, employees are called in to work when they were not scheduled. Employees who report for work are paid for at least three hours work, or their full shift, whichever is less.


Weekly Day of Rest Order

The Employment Standards Code provides employees with the right to have a 24 hour rest period every work week. Employers may apply to have their workplace exempt from this provision in order to change the timing of the rest period and lengthen the number of consecutive work days. The number of days of rest employees are entitled to at the end of the work period is still equal to one per week.


Work Break Order

The Employment Standards Code requires employers provide their employees with a 30 minute work break after every five consecutive hours of work. 

Employers may apply to reduce or eliminate the 30 minute work break if they can demonstrate a particular need and provide an additional benefit to the affected employees.

Paying Wages

Deductions from Wages

Employers are responsible for paying employees properly for all hours worked. 

Employees and employers are sometimes unsure what can be deducted or held by the employer from those wages.  The general rule is employers can only deduct money required by a law, or money the employee agrees to pay for something that is a direct benefit to them.


Hours of Work and Breaks

Standard hours of work are 40 hours per week and 8 hours per day. In most cases, employees who work more than the standard hours they must be paid at the overtime wage rate. Employees are also entitled to an unpaid 30 minute break after 5 hours of consecutive work.


Independent Contractors

Independent contractors are not covered under Manitoba’s employment standards.  The laws for minimum wage, vacations, general holidays, and termination of employment, among other standards, do not apply to independent contractors.  But some employees are mistakenly classified as independent contractors.   

It is important for employees to be correctly classified so that they receive proper wages and other entitlements provided under The Employment Standards Code.  Employment Standards enforces payment of wages where an employee has been incorrectly classified as an independent contractor. 


Paying Wages and Keeping Records

Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.  


Volunteers

Some volunteers may receive pay or an honorarium for their work, but they are excluded from minimum standards because they are not employees as defined by The Employment Standards Code. 


Wage for reporting for work

Sometimes employees are scheduled to work a shift and then the shift is cancelled or shortened. In other situations, employees are called in to work when they were not scheduled. Employees who report for work are paid for at least three hours work, or their full shift, whichever is less.


What is Minimum Wage?

The minimum wage is the lowest amount, per hour, employees must be paid by their employers for work in Manitoba.

Remembrance Day

Remembrance Day

Remembrance Day gives us the opportunity to honour the people who have served, and continue to serve, in war, military conflict, and international peacekeeping activities.  It is a time to remember those who lost their lives and cherish those who have suffered injury in the pursuit of human dignity and freedom. 

Residential Caregivers, Domestic Workers and Live-In Nannies

Deductions from Wages

Employers are responsible for paying employees properly for all hours worked. 

Employees and employers are sometimes unsure what can be deducted or held by the employer from those wages.  The general rule is employers can only deduct money required by a law, or money the employee agrees to pay for something that is a direct benefit to them.


Domestic Workers (Live-In Nannies)

Domestic workers often live and work in their employer’s home caring for members of the household, or managing the employer’s private residence. Some domestic workers are exempt from certain parts of The Employment Standards Code.


Employees in Self-Managed and Family-Managed Care

If you receive funding for home care from any of the Regional Health Authorities (RHA) in Manitoba, this fact sheet outlines the expectations of Manitoba Health and Manitoba Employment Standards with respect to employee entitlements under the Employment Standards Code (the Code).

Information related to home care is specific to the RHA jurisdiction in which a person falls.  You can find out more about your RHA and the role they play in self and family-managed care programs at:  http://www.gov.mb.ca/health/homecare/.


Paying Wages and Keeping Records

Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.  


Residential Caregivers

Residential caregivers live in the homes of the people they help to live independently. They are protected by the Employment Standards legislation but have conditions related to their hours of work and rest periods.

Vacations and Vacation Pay

Employees must receive at least 2 weeks of vacation per year for the first four years of employment, and a minimum of 3 weeks of vacation after the fifth consecutive year.

For each week of vacation, employees are entitled to 2% of the wages earned in that year, meaning that, employers may put vacation pay on every cheque, or they may choose to pay out at the time of the vacation leave.


What is Minimum Wage?

The minimum wage is the lowest amount, per hour, employees must be paid by their employers for work in Manitoba.

Sunday and Holiday Shopping Hours

Sunday and Holiday Shopping Hours

Effective December 12, 2020, the Retail Businesses Holiday Closing Act (RHBCA) was repealed eliminating province-wide restrictions on retail businesses’ ability to be open on holidays and Sundays. 

Vacations and Vacation Pay

Vacations and Vacation Pay

Employees must receive at least 2 weeks of vacation per year for the first four years of employment, and a minimum of 3 weeks of vacation after the fifth consecutive year.

For each week of vacation, employees are entitled to 2% of the wages earned in that year, meaning that, employers may put vacation pay on every cheque, or they may choose to pay out at the time of the vacation leave.

Young Employees

Deductions from Wages

Employers are responsible for paying employees properly for all hours worked. 

Employees and employers are sometimes unsure what can be deducted or held by the employer from those wages.  The general rule is employers can only deduct money required by a law, or money the employee agrees to pay for something that is a direct benefit to them.


Hours of Work and Breaks

Standard hours of work are 40 hours per week and 8 hours per day. In most cases, employees who work more than the standard hours they must be paid at the overtime wage rate. Employees are also entitled to an unpaid 30 minute break after 5 hours of consecutive work.


Paying Wages and Keeping Records

Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.  


What is Minimum Wage?

The minimum wage is the lowest amount, per hour, employees must be paid by their employers for work in Manitoba.


Young Employees

Minimum standards such as general holidays, vacations, minimum wage and termination apply to all employees regardless of age.  Young people who are 13, 14, or 15 years of age need to complete a Young Worker Readiness Certificate Course before they can begin working, and there are rules that restrict their hours of employment and the types of work they can perform.