Canada Manitoba HR Information

Updated on: 2025/03/11 04:30 (UTC)

Overview

Provinces in Canada have exclusive jurisdiction over all aspects of employment relations in most fields of economic activity. The exceptions, subject to federal jurisdiction, are banks, transportation services that cross provincial or international boundaries, airlines, broadcasting and telecommunications. In Manitoba, non-unionized employee relationships are largely governed by the provincial Employment Standards Code and unionized employment relationships by the Labour Relations Act. Other legislation, such as the Human Rights Act, may also be an important consideration. In addition, unemployment insurance for all Canadian employees is regulated under the federal Employment Insurance Act, and federal public pension benefits are provided to residents of all provinces except Quebec under the federal Canada Pension Plan.

Hiring

Employment Contracts

Employees in Manitoba are usually hired for an indeterminate term but may also be hired for a fixed term. Employment contracts can be either written or oral. Employers are not obliged to use a written contract when hiring in Manitoba.

When the duration of employment is not specified, an employment contract is presumed to be for an indefinite term. Either an employer or an employee may terminate such a contract by giving reasonable notice in advance to the other party. Employers may—and frequently do—give pay in lieu of notice. An employer may terminate an employee for cause without advance notice

Restrictions on Hiring

Children under the age of 16 years may not be employed unless the individual presents a work readiness certificate that certifies they have completed a director-approved work readiness course and provides a signed consent to the individual’s employment from their parent or guardian. Permits will not be issued to an individual under the age of 13 years old. Employees under 16 years old cannot work between the hours of 11:00 p.m. and 6:00 a.m., cannot work more than 20 hours per week during a school week and cannot work:

• on a construction site,
• in industrial or manufacturing processes,
• on drilling rigs,
• on scaffolds or swing stages,
• pruning, repairing, maintaining or removing trees,
• at heights more than 1.5 meters,
• with herbicides or pesticides, or
• without direct adult supervision.

Employees under 18 years old cannot work alone between the hours of 11:00 p.m. and 6:00 a.m., in confined spaces or in the following industries:

• forestry,
• saw or pulp mills,
• confined spaces,
• underground mines or open pit quarries, and
• asbestos abatement.

Recordkeeping

An employer must retain the following information about each employee, in English or French, at their principal place of business:

• name, address, date of birth and occupation;
• the date on which the employment commenced;
• the regular wage rate and overtime wage rate when the employee starts and the particulars of any change to the regular wage rate or overtime wage rate, including the date of the change;
• the regular hours of work and overtime, recorded separately and daily;
• • employee work schedules;
• the dates on which wages are paid and the amount of wages paid on each date;
• the deductions from wages and the reason for each deduction;
• the details of any banked time in lieu of payment for overtime;
• the date on which each general holiday is taken;
• the employee’s hours of work on a general holiday, the wage paid for those hours and any time off provided in respect of those hours;
• each annual vacation, showing the date it begins and the date that work resumes, the period of employment in which it is earned and the date and amount of vacation allowance paid;
• the amount of vacation allowance paid to the employee in lieu of an annual vacation upon termination of the employment and the date of the payment;
• copies of documents relating to any leave taken by an employee, including records of the type of leave and the dates and number of days taken;
• • copies of work readiness certificates required for employees under the age of 16,
• the date of termination of the employment, and
• • any other records prescribed by regulation.

Records must be kept by the employer for not less than three years after the record is made.

Background Checks

Employers are permitted to check references and confirm education or professional credentials for potential employees, but employers must receive appropriate written consent before conducting them.

An employer is permitted to perform a credit or background on any employee or prospective employee of any job. Employers also may seek information about applicants’ criminal records, as some criminal charges or convictions may be related to the ability to perform a job. Unreasonable discrimination in employment on the basis of a criminal charge or conviction is, however, contrary to The Human Rights Code. Although “criminal record” is not a specific ground, the code also protects some classes or groups of people on the basis of personal characteristics not specifically listed. Whether a job applicant’s criminal charge or conviction is a reasonable disqualification for the employment or occupation depends on the circumstances of each case.

Manitoba has introduced new comprehensive privacy legislation, the Personal Information Protection and Identity Theft Prevention Act, which has yet to be implemented. Once in force, this act will govern the collection, use and disclosure of personal information relating to employees or potential employees. Of particular note is that this act will require any collection of personal information to be reasonably necessary.

Noncompetition Agreements

Noncompetition and nonsolicitation agreements may form part of an employment agreement. Noncompetition agreements will be void as being contrary to public policy unless they are reasonable as between the parties in light of the public interest in allowing everyone to freely engage in the occupation of choice. Nonsolicitation agreements, which impose less onerous limitations on employees

Reference Citations

Employment Contracts: Employment Standards Code, C.C.S.M., ch. E110, §§ 61-62

Restrictions on Hiring: Employment Standards Code, C.C.S.M., ch. E110, §§ 83-84; Young Employees Fact Sheet

Recordkeeping: Employment Standards Code, C.C.S.M., ch. E110, §§ 135

Background Checks: Human Rights Code, C.C.S.M., ch. H175

Immigration and Work Permits

In General

Foreign nationals must have work permits to be legally employed in Canada. A labor market impact assessment must be conducted to ensure there are no Canadians available to do the job.

Visas and Work Permits

Manitoba Immigrant Nominee Program: Most provinces and territories in Canada can nominate immigrants through the Provincial Nominee Program (PNP). These immigrants must have the skills, education and work experience to contribute to the economy of that province or territory, and must want to live there. Each province (with the exception of Quebec, which does not have a PNP) has its own immigration programs that target certain groups and criteria for their PNP. Manitoba’s program has two different selection processes, one for skilled workers (Skilled Worker Stream) and one for entrepreneurs (Business Investor Stream).

Penalties

In Canada, penalties for employers that violate rules regarding the hiring of foreign workers include:

• warnings;
• financial penalties ranging from C$500 to C$100,000 per violation up to an annual maximum C$1 million per employer;
• a ban of one, two, five or 10 years or permanent bans for the most serious violations, and
• publication of the employer’s name on a public list with details of violations and sanctions.

Forms

Document Checklist (IMM 5488)

Family Information (IMM 5646)

Manitoba Provincial Nominee Program for Business - Application Kit

Reference Citations

Visas and Work Permits: Hire a Temporary Worker Through the Temporary Foreign Worker Program; Immigrate to Manitoba

Penalties: Hire a worker without an LMIA: penalties for employers

Nondiscrimination

In General

Employers under provincial jurisdiction in Manitoba may not discriminate in making decisions concerning any aspect of employment or occupation (e.g., employee’s hiring, career, pay, termination, or other aspects defined by the Human Rights Code) based on ancestry (including colour or perceived race), nationality or national origin, ethnic background or origin, religion or creed (including religious belief, religious association, or religious activity), age, sex (including sex related characteristics, such as pregnancy), gender identity, sexual orientation, marital or family status, source of income, political belief (including political association or activity), physical or mental disability, or social disadvantage. Discrimination against employees with these characteristics may only comply with the law if an instance of discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.

Employees may file an application with the Manitoba Human Rights Commission for a remedial order if they consider that their rights under the province’s Human Rights Code have been violated. The commission or the executive director can file a complaint if it believes on reasonable grounds that a person has contravened the code. The normal time limit for the filing of complaints with the commission is one year from the date of the incident or, if a series of incidents is alleged to have occurred, one year from the last instance of the contravention. The commission may investigate the complaint and attempt to settle it. Upon the completion of the investigation, a panel will be designated to consider the complaint. The commission will dismiss the complaint if it is frivolous or vexatious, if the acts described do not contravene Manitoba’s Human Rights Code or if the evidence in support of the complaint is insufficient to substantiate the contravention of the code. The commission may also dismiss a complaint if the employer makes a settlement offer the commission considers reasonable but the employee rejects.

If the complaint is not settled, terminated or dismissed, the commission may designate an adjudicator who will hold an adversarial hearing at which the commission and the employer present evidence and examine witnesses. If the adjudicator determines that the employer has contravened the code, it may order the employer to do or refrain from doing anything in order to secure compliance with the code, rectify any circumstances caused by the contravention or make just amends. The adjudicator may also order compensation for financial loss; damages for injury to dignity, feelings or self-respect; or exemplary damages or a penalty. The adjudicator may also order that an affirmative action program be adopted and implemented. All employers must develop and implement a written policy to prevent harassment in the workplace and must ensure that workers comply with the policy. The policy must be posted conspicuously in the workplace.

Disability Discrimination

Employers must implement measures, policies, and practices to reasonably accommodate employees with disabilities.

In recruiting, employers must:

• • inform job applicants that reasonable accommodation is available during the recruitment process;
• • provide, on request, reasonable accommodations with regard to materials or activities used in the assessment or selection process; and
• inform new hires about the employers’ accommodation policies.

From a personnel management perspective, employers must:

• provide accommodation training to any employees responsible for recruiting, supervising, or managing employees;
• ensure the employer’s performance management process reflects requirements in The Accessibility for Manitobans Act and related regulations; and
• ensure the employer’s training and internal advancement opportunities account for requirements in The Accessibility for Manitobans Act and related regulations;
• inform employees of the organizational measures, policies and practices related to accommodation;
• establish and implement a policy for employees who are returning to work from disability leave and need accommodation for a disability upon their return;
• develop individualized plans for employees with disabilities outlining reasonable accommodations; and
• establish emergency response plans tailored to employees who may face special risks due to a disability and, with the employee’s permission, the information must be shared with someone in the organization who agrees to help that employee during an emergency; and

Large employers (most employers with 50 or more employees) must document their accessible employment policies and practices in writing, which must include a policy as to how the organization will create individual accommodation plans for employees, among other requirements.

Reference Citations

Nondiscrimination: The Human Rights Code, C.C.S.M., ch. H175 § 9, 14, 22-43

Disability Discrimination: The Accessibility for Manitobans Act, C.C.S.M., c. A1.7; Accessible Employment Standard Regulation, M.R. 70/2019

Employee Privacy

Employee Data

The Personal Information Protection and Identity Theft Prevention Act, which is not yet in force, will govern the collection, use and disclosure of personal information relating to employees or potential employees. Until the act is in force, organizations are guided by the federal Personal Information Protection and Electronic Documents Act. For more information on employee data privacy, see HR Primer: Canada.

Employee Monitoring and Surveillance

The use of a surveillance system must be justified on the basis of verifiable safety concerns or other demonstrable circumstances (for example, specific reports of incidents of crime). Employers need to determine whether there are other measures to protect public safety or to deter or detect crime that would be reasonable and less privacy-intrusive. Video and/or audio surveillance should always be considered a last resort.

Every component of the surveillance system must be permitted by applicable legislation. For example, if an organization is considering the implementation of a surveillance system that collects video and audio footage, it must be able to demonstrate the purpose and the legal authority for the collection of both types of footage. Information collected through video and/or audio surveillance should not be used or disclosed beyond the initial identified purpose unless it is otherwise authorized by legislation.

When selecting an employee monitoring and surveillance method and designing and implementing policies around said solution, employers should follow the Manitoba Ombudsman’s Video Surveillance Guidelines as well as all applicable Canadian laws. For more information on employee monitoring and surveillance, see HR Primer: Canada.

Reference Citations

Employee Data: Personal Information Protection and Electronic Documents Act, S.C. 2000 § 7; The Personal Information Protection and Identity Theft Prevention Act, CCSM c P33.7

Employee Monitoring and Surveillance: Video Surveillance Guidelines, Manitoba Ombudsman

Compensation

Hours of Work

The standard hours of work for most employees under Manitoba jurisdiction are 40 hours per week and eight hours per day. Work beyond these hours is overtime. Hours of work may be averaged if authorized by a collective agreement or if the employee’s weekly standard hours of work would otherwise not be more than 40 hours.

Individual flex time agreements may be entered into by employers and employees to establish alternative standard hours, although these must not exceed 40 hours per week and 10 hours per day.

Employers must ensure that each employee has one rest period of not less than 24 consecutive hours in each week. Workers also cannot be required to work more than five consecutive hours without a break.

Minimum Wage

From Oct. 1, 2023, the general hourly minimum wage in Manitoba is C$15.30. Effective Oct. 1, 2024, the hourly minimum wage will increase to C$15.80.

If an employer pays an employee a wage less than the prescribed minimum wage, the employer commits an offence. If an employee, in collusion with an employer, works for less than the prescribed minimum wage, both the employer and the employee are guilty of an offence.

Overtime

Employees who work more than the standard hours are entitled to be paid an overtime rate of not less than 150 percent of their regular wage rate for the extra hours.

Overtime does not include time that is provided to the employee as a break if the employee is not required to stay on the business premises or be on duty during the break.

Employers and employees may agree to paid time off at the rate not less than one and a half hours for each hour of overtime worked in lieu of overtime pay. Employers can also allow employees to bank overtime hours in exchange for days off with regular pay at a later date. For every overtime hour worked, not less than 1.5 hours must be banked.

Overtime provisions do not apply to employees who perform management functions primarily or employees who have substantial control over their hours of work and whose annual regular wage is at least two times the Manitoba industrial average wage.

Wage Payment

Under the Employment Standards Code, employees must be paid at least twice a month and within 10 business days of the end of a pay period or within 10 business days of termination, if an employee is terminated.

Employers may only make deductions from an employee’s pay that are:

• required by a statute (e.g., income tax legislation),
• required or permitted by a court order, or
• for something providing a direct benefit to the employee if the employee consents to the deduction, or
• • to compensate for any cash advances or payroll errors.

Employers must pay wages:

• in Canadian currency;
• by cheque or bill of exchange drawn upon a bank, credit union, trust company or other company insured under the Canada Deposit Insurance Corporation Act; or
• • by deposit into the employee’s account in an institution insured under the CDICA. Deductions cannot be made by the employer for:
• fees to cash cheques;
• cost of damage to company property;
• 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 personal safety equipment Safety equipment is an employer’s responsibility; or
• cost of a uniform.

Employers must provide employees with pay statements setting out:

• the regular hours, overtime hours and holiday hours for which wages are being paid to the employee and applicable wage rates;
• deductions from the wages and the reason for each deduction; and
• the net amount of wages paid to the employee.

Mandatory Bonuses

Manitoba’s Employment Standards Code does not address bonuses.

Reference Citations

Hours of Work: The Employment Standards Code, C.C.S.M., ch. E110, §§ 10, 12, 14, 45, 50

Minimum Wage: The Employment Standards Code, C.C.S.M., ch. E110, §§ 6, 139; Minimum Wage Fact Sheet

Overtime: The Employment Standards Code, C.C.S.M., ch. E110, §§ 2(4), 17-19

Wage Payment: The Employment Standards Code, C.C.S.M., ch. E110, §§ 86, 88, 135; Deductions from Wages Fact Sheet

Benefits

Vacation

Employees in Manitoba are entitled to a minimum of two weeks’ paid vacation after each of their first four years of employment and a minimum of three weeks’ after five consecutive years of employment with an employer. A worker’s employment contract may provide for additional vacation.

Employees who are entitled to two weeks of vacation receive 4 percent of their gross wages as vacation pay and employees with three weeks’ vacation receive 6 percent. Upon termination of employment, an employee is entitled to any vacation pay owed for previous years’ work and prorated vacation pay for the current year.

Employees are entitled to take at least a full week of vacation at a time, unless they agree to take less. The vacation allowance must be paid to the employee no later than the last working day before the employee’s annual vacation begins.

Employers are obliged to give an employee an annual vacation no later than 10 months after the employee becomes entitled to it. If the employer and the employee are unable to agree on when the employee will take the annual vacation, the employer must give the employee at least 15 days’ notice of the date on which the vacation is to begin, and the employee must take the vacation at that time.

Holidays

Employees are entitled to the following paid holidays:

• New Year’s Day;
• Louis Riel Day (3rd Monday in February);
• Good Friday;
• Victoria Day;
• July 1;
• Labor Day;
• Thanksgiving Day (2nd Monday in October);
• Dec. 25: Christmas Day;
• • any other day designated by regulation as a general holiday

Employees who do not work on a general holiday are entitled to be paid holiday pay for that day. An employee who works on a general holiday is entitled to be paid the overtime rate for the day plus holiday pay for the day.

When a general holiday falls on an employee’s nonworking Saturday or Sunday, the employer must give the employee a day off, with holiday pay, on the employee’s first workday after the holiday. When a general holiday falls on an employee’s nonworking day (non-Saturday or Sunday), the employee is entitled to another paid day off to be provided before the employee’s next annual vacation or at any later time agreed to by the employee.

An employee is eligible for holiday pay unless:

• the employee is absent on his or her first scheduled workday before or after the holiday without the employer’s consent; or
• the holiday falls on a day that would normally be a workday for the employee, and the employee is required or scheduled to work on the holiday and is absent on that day without the employer’s consent.

Boxing Day (Dec. 26), National Day for Truth and Reconciliation (Sept. 30), Remembrance Day (Nov. 11) and the first Monday in August are not general holidays under Manitoba labor legislation but are typically observed as public holidays. Because these are not general holidays, employers are not required to pay holiday pay for these days.

Maternity Leave

The Employment Standards Code provides up to 17 weeks’ unpaid maternity leave for pregnant employees who have been employed by the same employer for at least seven consecutive months. Following maternity leave, mothers also are eligible to take 63 weeks of unpaid parental leave (see below).

Maternity leave can begin as early as 17 weeks before the employee’s estimated date of delivery and end no later than 17 weeks after the date of delivery. Maternity leave benefits payable under the federal Employment Insurance Act provide substantial income replacement. For more information, see HR Primer: Canada.

An employee who is eligible for maternity leave must, as soon as practicable, provide the employer with a medical certificate giving the estimated date of delivery and give the employer not less than four weeks’ written notice of the date she will start her maternity leave.

An employee may end her maternity leave before the 17-week period has ended by giving her employer written notice at least two weeks or one pay period, whichever is longer, before the day she wishes to end the leave.

An employer may not lay off or terminate the employment of employees entitled to take maternity leave because they are pregnant or intend to take maternity leave. At the end of an employee’s maternity leave, the employer must reinstate the employee to the position the employee occupied when the leave began or to a comparable position with no loss in wages or other benefits earned immediately before the leave began.

Paternity Leave

There is no legal entitlement to paternity leave, although a father may be eligible for up to 37 weeks of unpaid parental leave.

Sick Leave

Sick leave is not required for illness or injury not due to work, but the Employment Standards Code does provide for three unpaid days of leave “for the health of the employee,” which can be used as unpaid sick days. Employers generally allow employees reasonable amounts of time as sick leave for non-work-related illnesses or injuries, however, often with compensation for lost wages under short- or long-term disability programs managed by third-party insurers.

If an employee suffers an injury or contracts an illness that could amount to a disability under the Manitoba Human Rights Code, the employer will be required to reasonably accommodate the employee’s absences.

Absences of reasonable duration because of illness or injuries not due to work would not constitute just cause for termination at common law, requiring an employer to give an employee reasonable notice or pay in lieu were it to terminate the employee in such circumstances.

Other Leave

Parental leave. Parents who have worked with the same employer for seven consecutive months are entitled to take up to 63 weeks of unpaid parental leave to care for a child after birth or adoption. If the employee is taking both maternity leave and parental leave, the parental leave will begin immediately following the last day of maternity leave. Parental leave can otherwise begin any time within 18 months from the date of the child’s birth, the date of adoption or the date the child comes into the care and custody of the employee. Employees requesting parental leave must give the employer at least four weeks written notice before the leave. Parental leave benefits payable under the federal Employment Insurance Act provide substantial income replacement. An employer may not lay off or terminate the employment of employees entitled to take parental leave because they are pregnant or intend to take parental leave. At the end of an employee’s parental leave, the employer must reinstate the employee to the position the employee occupied when the leave began or to a comparable position with no loss in wages or other benefits earned immediately before the leave began.

Compassionate care leave. Employees who have been employed by the same employer for at least 90 days are entitled to up to 28 weeks’ unpaid absence to provide care or support to a seriously ill family member. To be eligible for leave, an employee must obtain a physician’s certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks and requires the care or support of one or more family members.

Employees must provide one pay period’s notice to their employer before taking compassionate care leave except when circumstances necessitate a shorter period.

Family leave. Employees who have been employed at least 30 days are entitled to up to three days’ unpaid absence for the health of the employee or to meet family responsibilities.

Bereavement leave. Employees who have been employed for at least 30 days may take up to five days’ unpaid leave on the death of a family member. Employees may also take bereavement leave in the case of a loss of pregnancy, including situations where the employee themselves experienced a loss of pregnancy, when a spouse experiences a loss of pregnancy, and other related situations.

Leave for reservists. Members of the reserve force of the Canadian Forces required to be absent from work for the purpose of service are entitled to unpaid leave. The employee must have been employed by the same employer in civilian employment for at least three consecutive months.

Leave for citizenship ceremony. Employees who have been employed for at least 30 days may take up to four hours’ unpaid leave to attend a ceremony to receive a certificate of Canadian citizenship.

Leave related to critical illness. An employee who has been employed by the same employer for at least 30 days is entitled to an unpaid leave of absence from employment of up to 37 weeks to provide care or support to a critically ill child who is a family member of the employee. An employee who has been employed by the same employer for at least 90 days is entitled to an unpaid leave of absence from employment of up to 17 weeks to provide care or support to a critically ill adult who is a family member of the employee. Employees must provide a doctor’s note stating the family member is critically ill and requires the employee’s support for a specified amount of time.

Leave on death or disappearance of a child. An employee who has been employed for at least 30 days who is the parent of a child under 18 is entitled to up to 104 weeks of unpaid leave if the child has died and the death is the probable result of a crime, 52 weeks’ unpaid leave in the case of the disappearance of a child.

Leave for organ donation. An employee who has been employed by the same employer for at least 30 days is entitled to unpaid leave of up to 13 weeks for the purpose of donating an organ.

Long-term leave for serious injury or illness. An employee who is seriously injured or ill is entitled to an unpaid leave of absence of up to 17 weeks in any 52-week period if the employee has been employed by the same employer for at least 90 days.

Interpersonal violence leave.  Employees are entitled to job-protected leave to take time off work for specified purposes to address the situation of violence in the home. There are two parts to interpersonal violence leave. One part allows employees to take up to 10 days of consecutive or intermittent leave in a 52 week period as needed. The other part allows employees to take up to 17 weeks in a 52 week period in one continuous period. Employees can take the leave in any order that meets their individual circumstances.

Public Health Emergency Leave – Covid-19. Employees are entitled to job-protected leave to take time off work for specified purposes to address the situation of violence in the home. There are two parts to interpersonal violence leave. One part allows employees to take up to 10 days of consecutive or intermittent leave in a 52 week period as needed. The other part allows employees to take up to 17 weeks in a 52 week period in one continuous period. Employees can take the leave in any order that meets their individual circumstances.

Pensions and Social Security

Employees in Manitoba are covered by the federal Canada Pension Plan, regardless of whether they work in industries under federal or provincial jurisdiction. For more information on coverage and benefits under the Canada Pension Plan, see HR Primer: Canada.

Workers’ Compensation

Employees who suffer a work-related injury or illness are compensated for lost wages by the Workers’ Compensation Board. The board also pays for medical care and rehabilitation for employees. All employers in Manitoba are required to make payments into the accident fund administered by the Workers’ Compensation Board under the Workers’ Compensation Act. The size of an employer’s payments is largely determined by the number of its employees in Manitoba, the type of industry the employer is engaged in and its history of claims.

Employees may not be terminated or laid off (unless such an event would have happened regardless of the injury) while they are absent from work due to a work-related injury.

Reference Citations

Vacation: Employment Standards Code, C.C.S.M., ch. E110, §§ 34-37, 39(2), 39(3), 44(2)

Holidays: Employment Standards Code, C.C.S.M., ch. E110, §§ 21(1), 21(2), 25(1), 26(2)

Maternity Leave: Employment Standards Code, C.C.S.M., ch. E110, §§ 53, 54, 57; Maternity Leave Fact Sheet

Sick Leave: Employment Standards Code, C.C.S.M., ch. E110, §§ 59.3(1)

Parental Leave: Employment Standards Code, C.C.S.M., ch. E110, §§ 58-59; Parental Leave Fact Sheet

Other Leave: Employment Standards Code, C.C.S.M., ch. E110, §§ 59.2, 59.3, 59.4, 59.5, 59.6, 59.7, 59.8, 59.9, 59.10, 59.11, 59.12

Workers’ Compensation: Workers’ Compensation Act, C.C.S.M, ch. W200

Labor Relations

In General

Under the constitution and various labor laws, Canadian employees have the right to form and join unions, to bargain collectively, and to strike. In Manitoba, unionized employment relationships are largely governed by the provincial Labour Relations Act.

Right To Organize

The labour relations system in all Canadian jurisdictions is one in which collective bargaining takes place between a single employer and the union recognized or certified as the exclusive bargaining agent for a group of the employer’s employees forming a bargaining unit. Unions are certified as the exclusive bargaining agents by labour relations boards if they show they have the support of a majority of the employees in the proposed bargaining unit. Majority support may be determined following a vote by the employees or on the basis of membership cards.

In Manitoba, if evidence exists that at least 40 percent of employees in the proposed bargaining unit wish to be represented by a particular union, the board will hold a secret-ballot representation vote within seven days of the date on which the application for certification is filed with the board. The union will be certified if it obtains a majority of the ballots cast in the representation vote.

When a union is certified or recognized as the exclusive bargaining agent, the union will usually give the employer written notice of its desire to enter into a collective agreement. The employer can also give notice to commence collective bargaining. Collective agreements are required to have a term of at least one year.

The Labour Relations Act requires every collective agreement to include the following:

• a clause requiring the employer to deduct and remit union dues from the wages of each employee in the bargaining unit affected by the collective agreement;
• a clause that provides for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to the collective agreement concerning its meaning, application, or alleged violation;
• a clause which requires that the employer have just cause for disciplining or dismissing any employee bound by the collective agreement; and
• a clause that obligates the employer in administering the collective agreement to act reasonably, fairly, in good faith, and in a manner consistent with the collective agreement as a whole.

Works Councils

Manitoba’s Labour Relations Act does not address works councils.

Dispute Resolution

The Manitoba Labour Board has the power to issue legally binding decisions on the certification of unions as exclusive bargaining agents, unfair labour practice complaints, bargaining in bad faith complaints, successor rights in case of dispositions of all or part of a business and complaints of illegal strikes or lockouts.

Once collective bargaining has commenced, the employer, union or both can request that a mediator be appointed to assist the parties to reach an agreement. The Manitoba Minister of Labour also has discretion to appoint a mediator for this purpose.

Strikes and Lockouts

Strikes and lockouts are only permitted in limited circumstances in industries coming under provincial jurisdiction in Manitoba. A strike or lockout is illegal during the term of a collective agreement, less than 90 days after the date on which the union was certified or for union recognition.

Picketing in Manitoba is regulated by the common law, and peaceful picketing of an employer’s worksite is permitted during a lawful strike or lockout. Peaceful picketing is also permitted at other sites, such as publicly accessible areas of a shopping center or at the places of business of other employers the union considers to be allies of the employer involved in the labour dispute.

Picketing may be limited—or prohibited, if unlawful—by means of injunctions issued by the Manitoba Court of Queen’s Bench.

Successorship Clauses

Manitoba’s Labour Relations Act safeguards the rights of employees during and after mergers or acquisitions. To the extent there is a transfer of undertaking from one owner (the predecessor employer) to another (the successor employer), the code provides for the continued observance of the working conditions agreed to in any collective agreement until the date of termination or expiration of the agreement or the entry into force or application of another agreement.

Reference Citations

Right to Organize: Labour Relations Act, C.C.S.M., ch. L10 §§ 5-7, 40(1), 40(3), 48(3), 60, 74(1), 76(1), 78(1), 79(1), 80(1)

Dispute Resolution: Labour Relations Act, C.C.S.M., ch. L10 §§ 87(1), 87.1

Strikes and Lockouts: Labour Relations Act, C.C.S.M., ch. L10 §§ 88-94

Successorship Clauses: Labour Relations Act, C.C.S.M., ch. L10 § 55(1)-59(3)

Safety, Health and Security

In General

The Workplace Safety and Health Act and the regulations issued under it set out comprehensive standards aimed at ensuring workplace safety in industries under provincial jurisdiction in Manitoba. These standards include the preparation of a written workplace safety and health program if an employer regularly employs 20 or more workers.

Workplace Safety and Health

Employers must also establish a workplace safety and health committee for each workplace with 20 or more workers and seasonal workplaces where 20 or more employees are expected to work for at least 90 days. The committee must be composed of between four and 12 people, half of whom must be workers not associated with the management of the workplace. Where the workers are unionized, the union will name the worker representatives. Committees shall have 2 co-chairpersons, one chosen by employer members on the committee and the other chosen by workers members on the committee. Committees and representatives may perform a number of safety and health related duties, such as identifying risks at a workplace, conducting safety inspections, and making safety recommendations to the employer.

The Workplace Safety and Health Act provides for fines for employers and individuals who contravene the act or its regulations.

Drug and Alcohol Use

Employers in Manitoba have obligations under the Criminal Code and the occupational health and safety legislation to maintain safe workplaces. Particularly where a workplace is inherently dangerous, employers may establish rules prohibiting employee impairment by drugs or alcohol while at work and requiring testing in some circumstances.

Drug and alcohol testing may take place where an employer has reasonable grounds to suspect that a particular employee may be impaired or as part of a general policy of testing all employees involved in a safety-related incident. Testing of a particular employee on a random basis may also be permissible as part of a return-to-work program for an employee following treatment for drug or alcohol dependency.

Random drug or alcohol testing may be permissible for employees in inherently dangerous workplaces if the employer demonstrates the existence of a widespread problem of drug or alcohol impairment among those employees.

Employers may impose disciplinary sanctions, including termination, on employees who are impaired by drugs or alcohol at work. If an employee is addicted to alcohol or drugs, the addiction is considered a disability under Manitoba human rights legislation. Such a disability engages a duty to accommodate the employee up to the point of undue hardship for the employer.

Reference Citations

Workplace Safety and Health: Workplace Safety and Health Act, C.C.S.M., ch. W210 §§ 7.4, 40(1), 40(10)

Drug and Alcohol Use: Canadian Human Rights Commission’s Policy on Alcohol and Drug Testing

Termination

Termination by Employer

The Manitoba Employment Standards Code provides for minimum notice-of-termination periods of between one and eight weeks, depending on the length of the employee’s service.

Employers are not required to give the employee notice in the following circumstances:

• the employee’s period of employment with the employer is less than the probationary period specified in a collective agreement that applies to the employee (if that period is one year or less), or in any other case, 30 days;
• the employment is for a fixed term and terminates at the end of the term;
• the employee is employed for a specific task and for a period not exceeding 12 months, on completion of which the employment terminates;
• the employee is employed in construction;
• the employee is employed under an arrangement by which the employee may choose to work or not to work for a temporary period when requested to work by the employer;
• the employee is employed under an agreement or contract of employment that is impossible to perform or has been frustrated by a fortuitous or unforeseeable circumstance;
• the employee is on strike or has been locked out and the termination meets the requirements prescribed by regulation;
• when the employment of the employee is terminated for just cause;
• the employee has given the employer written notice of his or her intent to retire or quit on a specific date, and the employment is terminated on that date;
• the employer’s business or the part of the business in which the employee is employed is sold or transferred, and the employee is immediately re-employed in the same business on terms and conditions that, as a whole, are equivalent to or better for the employee than those that applied to the employee before the sale or transfer; and
• • any other circumstances prescribed by regulation.

The employer has the option of providing pay in lieu of notice.

Termination by Employee

Employees who terminates their employment must give their employer notice of the termination at least:

• one week before the termination, if the employee’s period of employment is less than one year; or
• two weeks before the termination, if the employee’s period of employment is one year or more.

Plant Closings and Mass Layoffs

When an employer under provincial jurisdiction in Manitoba terminates the employment of 50 or more employees in an establishment within a four-week period, it must give the Manitoba Minister in charge of the Employment Standards Code advance notice. The length of notice varies from 10 weeks where there are no more than 100 employees affected to 14 weeks if there are between 101 and 299 employees affected and 18 weeks if there are at least 300 employees affected.

A notice of a termination of 50 employees or more must be provided to the bargaining agent for the affected employees, and if any of the employees do not have a bargaining agent, either provided to the employees themselves or posted in a conspicuous place at the workplace.

The minister may establish a joint employer/employee planning committee, half of whose members should be employee representatives and the other half employer representatives. The minister may also select individuals to serve on the committee who do not represent the employer or the affected employees. The committee’s objective is the development of an adjustment program to eliminate the need to terminate the employees, to minimize the impact of termination on the employees and to help the terminated employees obtain other employment.

Payment on Termination

Employers cannot keep employees’ wages if employees terminate without notice. Instead, employers must pay out all wages the employee has earned up until the last day worked. Employees must be paid all earned wages within 10 business days of the last day of work.

Upon termination of employment, an employee is entitled to any vacation pay owing for the prior completed year of work and prorated vacation pay for the current vacation year. Employers can pay the amount of wages employees would otherwise have received had they worked out the notice period. Employers can also allow employees to work for part of the notice period and pay wages in lieu of notice for the remainder.

Unemployment Insurance

The federal Employment Insurance Act applies to all employees in Canada and provides benefits to temporarily unemployed workers and to employees taking maternity, paternity or parental leave. Employees must generally have worked from 420 to 700 hours in the year preceding the claim to be eligible for unemployment insurance benefits.

For more information on unemployment insurance, see HR Primer: Canada

Reference Citations

Termination by Employer: Employment Standards Code, C.C.S.M., ch. E110, §§ 61-62

Termination by Employee: Employment Standards Code, C.C.S.M., ch. E110, § 62.1

Plant Closings and Mass Layoffs: Employment Standards Code, C.C.S.M., ch. E110, §§ 67, 71, 74

Payment on Termination: Employment Standards Code, C.C.S.M., ch. E110, § 44(2), 61(1); Termination of Employment Fact Sheet

Unemployment Insurance: Canada Employment Insurance Act, S.C. 1996, ch. 23 § 7;

Personal Taxes

Residency Requirements

An individual is considered a resident for tax purposes if he or she has residential ties in Canada.

For more information on residency requirements, see HR Primer: Canada

Taxable Income

Individuals residing in Canada during a tax year are subject to Canadian income tax on their worldwide income from all sources. A nonresident is generally only subject to Canadian tax on income from Canadian sources.

Tax Rates

There are three tax brackets for general income in Manitoba, ranging from 10.8 percent to 17.4 percent. For more information on tax rates, see HR Primer: Canada

Reference Citations

Residency Requirements: Determining Your Residency Status, Canada Revenue Agency

Tax Rates: Manitoba Personal Income Taxes

References

Law and Regulation

Canada Income Tax Act

Canada Pension Plan

CanLII (Manitoba and federal statutes)

Employment Standards Code

Human Rights Code

Labour Relations Act

Manitoba Income Tax Act

Personal Information Protection and Electronic Documents Act

Worker Recruitment and Protection Act

Workers’ Compensation Act

Workplace Safety and Health Act

Government Websites and Publications

Appeal Commission, Workers Compensation Act of Manitoba

Canadian Income Tax Rates for Individuals - Current and Previous Years

Hire a Temporary Worker Through the Temporary Foreign Worker Program

Human Rights Commission of Manitoba

Manitoba Labour and Immigration

Manitoba Labour Board

Minimum Wage Fact Sheet

Service Canada

Workers’ Compensation Board of Manitoba

Workplace Safety and Health