The most comprehensive changes to the Manitoba Employment Standards Code in 30 years came into effect April 30, 2007. Highlights of the changes include:

  • new criteria governing the exclusion of managers from hours of work and overtime provisions;
  • exemptions from hours of work and overtime for employees who earn a minimum annual amount and exercise substantial control over their work schedule;
  • three new unpaid days for illness or to attend to family responsibilities and three new unpaid bereavement days; 
  • improved statutory holiday pay provisions for part-time workers;
  • new graduated termination notice rules based on employees’ years of service;
  • guarantees that employees who report for work receive a minimum of three hours’ pay or pay for the regularly scheduled shift, whichever is less;
  • new measures to promote compliance with the legislation, including fines for repeat offenders;
  • streamlining the process for obtaining hours of work averaging permits and variances;
  • new protections for children, including specific restrictions on hours of work for those under 16 years of age and prohibiting those under 18 from working alone at night;
  • limits on the liability of company directors in cases of bankruptcy or closure;
  • provisions to prevent deductions from pay where there is no direct benefit to the worker;
  • improvements to overtime pay provisions for incentive-based workers;
  • improved coverage for domestic workers and live-in nannies; 
  • prohibitions on employment of those under the age of 18 in higher-risk industries; and 
  • expansion of the definition of a family member to qualify for various statutory leaves, including compassionate care leave.

In addition, Manitoba’s minimum wage increased on April 1, 2007 by 40 cents to $8.00 an hour.

Employers in Manitoba will need to review their practices and procedures to ensure they comply with these new employment standards.