Fact Sheet


Weekly Day of Rest Order


The Employment Standards Code provides employees with the right to have a 24 hour rest period every work week. Employers may apply to have their workplace exempt from this provision in order to change the timing of the rest period and lengthen the number of consecutive work days. The number of days of rest employees are entitled to at the end of the work period is still equal to one per week.



What factors will Employment Standards consider in reviewing a Weekly Day of Rest application?

Employers may be eligible for a Weekly Day of Rest Order if the day of rest:

  • Causes undue hardship or severe loss to the employer
  • Is of little or no benefit to employees because of the remote locations
  • Unduly restricts a business that operates only part of the year

How do I apply?

Download applications forms from www.manitoba.ca/labour/standards/forms.html or by calling Employment Standards. The completed application can be dropped off, mailed, or faxed to the nearest Employment Standards office.


What is the Employee Survey?

Employers must use the Employees’ Survey to survey each worker who will be affected by the new schedule.

The employer must specify the proposed terms and conditions for the new schedule at the top of the form, and have all affected employees complete a form. At least 75% of the employees must agree to the proposed schedule for the permit to be granted. Employers must send the originals of the completed surveys to Employment Standards. The employer must provide an explanation for any employees unavailable to sign, such as those on leave.

Download the Employees’ Survey from www.manitoba.ca/labour/standards/forms.html or calling Employment Standards. The completed application can be dropped off, mailed, or faxed to the nearest Employment Standards office.


What if I disagree with the proposed schedule?

Employees with questions about their rights should call Employment Standards. If a permit/order is issued, the employer can require the minority of employees who did not agree to work the new schedule.


How do I know if there is a permit/order in my workplace?

Permits/orders must be posted at the workplace at all times, in a place where employees can see it. Employers who do not post the permit/order or restrict access to it, risk having it cancelled.


When can the employer start the new schedule?

New schedules can begin once a permit/order is received by the employer and posted in the workplace. Until the permit is received, minimum standards remain in place. The new schedule will be in effect until the permit expires.


Does the permit expire?

The permit/order will show the date it expires.  The employer must reapply before the expiry date to avoid any disruptions in their operation. Once the permit has expired, scheduling must go back to minimum standards until a new permit is approved.  Each application needs the written support of the affected employees.


For more information contact Employment Standards:

Phone:     204-945-3352 or toll free in Canada 1-800-821-4307

Fax:           204-948-3046

E-mail:     employmentstandards@gov.mb.ca

Website:  www.manitoba.ca/labour/standards

This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code, The Construction Industry Wages Act , The Worker Recruitment and Protection Act, or contact Employment Standards.


Available in alternate formats
upon request.

 


Date Published: February 21, 2017