January 31, 2007
Most Comprehensive Changes To Employment Standards Code Come Into Effect April 30
The most comprehensive changes to the Employment Standards Code in 30 years will come into effect April 30, Labour and Immigration Minister Nancy Allan has announced.
“The extensive changes to legislation and regulations being implemented better reflect the realities of today’s workplaces,” said Allan.
Highlights of the changes include:
· clear 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;
· guaranteeing employees who report for work minimum pay of three hours 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 averaging permits and hours of work 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;
· limiting the liability of company directors in cases of bankruptcy or closure;
· improving the ability to recover earned wages;
· provisions to prevent deductions from pay where there is no direct benefit to the worker;
· improving overtime pay provisions for incentive-based workers;
· improved coverage for domestic workers and live-in nannies;
· prohibiting employment of those under the age of 18 in higher-risk industries; and
· expanding the definition of a family member to qualify for various statutory leaves. The expanded definition of family leave will come into effect immediately to ensure individuals can access the compassionate care leave benefits under the Employment Insurance program.
“We are pleased the consensus changes will be coming into effect this spring,” said Allan. “We felt it was important to give businesses and employees plenty of lead time to understand and prepare for the new changes.”
Further information on the changes can be found at https://www.manitoba.ca/labour/standards.
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