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SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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Page 1: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

Employment Standards

An Overview

Updated October 2015

Page 2: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

Today’s Presentation:What are Employment StandardsWagesHours of WorkOvertimeDeduction from WagesVacationGeneral HolidaysUnpaid LeavesYoung EmployeesTermination of EmploymentReporting for WorkAdditional EntitlementsQuestions

Page 3: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 4: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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).

Page 5: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 6: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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).

Page 7: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 8: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

OVERTIMEOVERTIME

ANDAND

OVERTIME EXCLUSIONS OVERTIME EXCLUSIONS

Page 9: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

Overtime and Hours of Work

SAFE Workers of Tomorrow

- 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!!!

Page 10: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

OVERTIME HOURS EXAMPLE

Example ONE week work period:

Daily hours per week (7 days) Week totals

S M T W T F S Total Reg. OT

A) 8 8 8 8 8 8 48 40 8

B) 8 6 6 8 10 38 36 2Ex. A: More than your weekly standard hours, entitled to overtime.Ex. B: More than your daily standard hours, entitled to overtime.

Page 11: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 12: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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).

Page 13: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 14: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 15: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

INDIVIDUAL FLEXTIME AGREEMENTSMay 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.

Page 16: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

DEDUCTIONSDEDUCTIONS

FROM FROM

WAGESWAGES

Page 17: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 18: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 19: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

DEDUCTIONS FROM WAGES

ToolsEmployers 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.

Page 20: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 21: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

GENERAL GENERAL

HOLIDAYSHOLIDAYS

Page 22: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

GENERAL HOLIDAYSThere 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

Page 23: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

GENERAL HOLIDAYS

Easter Monday; the August Civic Holiday; Remembrance Day; and Boxing Day ARE NOT General Holidays.

Page 24: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 25: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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).

Page 26: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 27: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

UNPAID UNPAID

LEAVESLEAVES

Page 28: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

UNPAID LEAVEThere 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

Page 29: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 30: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 31: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 32: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 33: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

YOUNG YOUNG

EMPLOYEESEMPLOYEES

Page 34: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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).

Page 35: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.).

Page 36: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

TERMINATION TERMINATION

OF OF

EMPLOYMENTEMPLOYMENT

Page 37: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 38: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 39: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 40: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 41: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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; oran employee who has been placed on temporary layoff.

Page 42: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 43: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 44: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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

Page 45: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 46: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

REPORTINGREPORTING

FOR FOR

WORKWORK

Page 47: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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)

Page 48: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

VACATIONVACATION

Page 49: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

VACATIONEmployees 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.

Page 50: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

ADDITIONAL ADDITIONAL

ENTITLEMENTSENTITLEMENTS

Page 51: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 52: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 53: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

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.

Page 54: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

??

Page 55: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015
Page 56: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

SAFE Workers of Tomorrow

Resources for your future questionsResources for your future questions

- Manitoba Employment Standards Inquiry:Call: 1-800-821-4307 or 945-3352Email: [email protected]: www.manitoba.ca/labour/standards

- H.R.S.D.C. Labour Program Inquiry:Call: 1-800-641-4049 or 983-6375Visit: www.hrsdc.gc.ca

-Safe Workers of Tomorrow:Call: 992-2988Email: [email protected]: www.workersoftomorrow.com

Page 57: SAFE Workers of Tomorrow Employment Standards An Overview Updated October 2015

www.workersoftomorrow.com

Tel. 204-992-2988