PROVINCE INTRODUCES AMENDMENTS TO EMPLOYMENT STANDARDS CODE

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Three New, Unpaid Family Responsibility/Sick Days, New Protection for Children Part of Proposed Changes

Changes to the Employment Standards Code would modernize the act to better reflect the current realities of the economy, the changing face of the labour force and the demands on today’s families, Labour and Immigration Minister Nancy Allan said today as she introduced the amendments in the legislature. 

 

“We are pleased to move on this legislation which reflects the consensus reached by labour and management representatives of the Labour Management Review Committee (LMRC),” said Allan. “The proposed legislation would bring Manitoba into the Canadian mainstream in many areas, represents the most significant changes to Manitoba’s labour laws in 30 years and, overall, better reflects the realities of today’s workplaces and the needs of today’s workers and employers.”

 

Highlights of the proposed legislative 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; and

·         improving the ability to recover earned wages.

     

The government also intends to act upon the regulatory amendments proposed by the LMRC, highlights of which include:

·         provisions to prevent deductions from pay where there is no direct benefit to the worker,

·         expanding the definition of a family member to qualify for various statutory leaves,

·         improving overtime pay provisions for incentive-based workers,

·         improved coverage for domestic workers and live-in nannies, and

·         prohibiting employment of those under the age of 18 in higher-risk industries.

 

“These measures will not only ensure the rules governing our workplaces are modern and equitable but will also contribute to our ability to attract and retain workers in a competitive labour market,” Allan said.

 

“This is a long overdue step in the right direction for vulnerable working people – particularly those in precarious employment situations and who have no union to act on their behalf,” Manitoba Federation of Labour president Darlene Dziewit said. “Organized labour will continue to identify and promote further improvements to the Employment Standards Code. The consultation process that brought us to this day was a good one – and it shows in the results.”

 

“It is important to keep in mind that these changes reflect a consensus between business and labour,” said Peter Wightman, executive director of the Construction Labour Relations Association of Manitoba. “This package of changes contains important improvements for employers as well as employees.  More importantly, it will help us attract and retain workers in a tight labour market and is another example of Manitoba’s labour and industry leaders working together to create solutions that work for our province.”

 

In 2005, the province launched the first public review of the code in about 30 years to gather input on ways to improve and update the legislation.  The review generated over 100 submissions from workers, employers and stakeholder groups throughout the province and highlighted the need for substantial renewal of the code.  The LMRC considered a set of proposals based on feedback from the public hearings and in May 2006 submitted a number of consensus recommendations to the minister.  In November, the committee provided Allan with another consensus report on regulatory changes which the minister released today in conjunction with the introduction of the proposed legislation.

 

The public review also looked at increasing coverage of agricultural workers under the code, given that Manitoba currently has the least coverage in the country for these workers.  The LMRC has been discussing this matter with agricultural industry stakeholders and in the November consensus report recommended these consultations continue so that any changes provide appropriate protections while reflecting the unique circumstances in the industry. 

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