Employment Rights in Manitoba FAQ'S
Yes, young people 13, 14, or 15 years of age cannot work:
• On a construction site;
• In industrial or manufacturing processes;
• Drilling or servicing rigs;
• On scaffolds or swing stages;
• Pruning, repairing, maintaining, or removing trees or shrubs;
• At heights more than 1.5 meters;
• With herbicides or pesticides; or
• Without direct adult supervision.
When an employer decides to cancel shifts or to send employees home early, those scheduled to work more than 3 hours, and
• Work less than 3 hours, must be paid for at least 3 hours
• Work more than 3 hours, must be paid for all hours worked
If employees are scheduled to work less than 3 hours, they must be paid for their entire scheduled shift. The following table explains what an employee is entitled to be paid if the employer cancels or cuts the shift short. When employees are notified of the change in schedule before reporting to work, they are not entitled to reporting pay.
Employers cannot charge interest or fees for cashing cheques or providing payroll advances. Employers cannot recover business expenses from the wages of employees.
Unauthorized deductions include:
• Fees to cash cheques
• Cost of lost, stolen or broken tools, equipment, products, or faulty service
• Cost of cash or inventory shortages, dine & dashes, or drive offs Cost of damage to companyproperty and vehicles (i.e. insurance deductible, parking tickets, or other violations, with the exception of photo radar ticket or a red light camera tickets)
• Cost of personal safety equipment
• Safety equipment is an employer’s responsibility. There are exceptions for safety headwear and some safety footwear. Contact The Workplace Safety and Health Branch at 204-945-3446 or visit their website safemanitoba.com for more information.
• Cost of a uniform
Yes. Employers and employees can agree in writing to bank overtime. The agreement must follow these rules:
• Employers must schedule time-off during the employee’s regular hours;
• For each hour of overtime worked, 1 ½ hours of time is banked, which is paid at the regular wage rate when the employee takes the time-off;
• Employers must provide the time-off within three months of it being earned, unless Employment Standards authorizes a longer period.
There are 14 leaves employees may take without fear of losing their job.
They are:
• Maternity Leave
• Parental Leave
• Family Leave
• Bereavement Leave
♦ Unpaid Leave for death of a family member
♦ Unpaid Leave for loss of a pregnancy
• Compassionate Care Leave
• Long-Term Leave for Serious Injury or Illness
• Interpersonal Violence Leave
• Citizenship Leave
• Leave Related to Critical Illness • Leave Related to Death or Disappearance of a Child
• Reservist Leave
• Leave for Organ Donation
• Public Health Emergency Leave
• COVID-19 Vaccination Leave
Generally, employees should be returned to the job they had before the leave. However, if the job is no longer available, they must be given a similar position with the same or greater benefits and pay.
There may be some situations where employers do not have a position available for reasons completely unrelated to the leave. For example, employees who are on unpaid leave would not necessarily be protected from losing their jobs if the employer shut down part of their operations and reduced their workforce based on a seniority system. Employers must show the leave has no impact on the decision to lay−off or terminate the employment.
There are nine general holidays throughout the year:
• New Year's Day
• Louis Riel Day (3rd Monday in February)
• Good Friday
• Victoria Day
• July 1
• Labour Day
• Orange Shirt Day (National Day for Truth and Reconciliation)
• Thanksgiving Day
• Christmas Day
All employees receive general holiday pay unless:
• They are scheduled to work on a general holiday, but are absent without the employer's permission.
• They are absent without the employer's permission from their last scheduled workday before the holiday, or their first scheduled workday after the holiday. Election officials, enumerators and any other temporary person appointed under The Elections Act are not entitled to general holiday pay.
No. According to the Manitoba Human Rights Code, an employer’s failure to make reasonable accommodation for the special needs of any individual or group based on religion or creed, religious belief, religious association or religious activity, physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device, is considered discrimination.
For more information contact Employment Standards:
Phone: 204-945-3352 or toll free in Canada 1-800-821-4307
Fax: 204-948-3046
Website: www.manitoba.ca/labour/standards
And, see the Human Rights Code of Manitoba.
This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code, The Construction Industry Wages Act , The Worker Recruitment and Protection Act, or contact Employment Standards.