Work Break OrderThe Employment Standards Code restricts employers from forcing an employee to work more than five hours without a break. Employers may apply to reduce or eliminate the 30 minute work break, if they can demonstrate an extraordinary need, and a benefit to the affected employees.
What factors will Employment Standards consider in reviewing a Work Break Order application?Employers must meet very specific conditions for Employment Standards to consider giving an exemption to the work break provision. Prior to applying, employers should consider if their workplace meets the following criteria:
How do I apply?To apply for a Simplified Averaging Permit you need the Simplified Averaging Permit Application. To apply for an Averaging Permit, Work Break Order or Weekly Day of Rest Order you need the Averaging/Break/Rest Permit Application. Application forms can be found at www.manitoba.ca/labour/standards/forms.html or by contacting the Employment Standards Branch. The completed application and Employees' Survey can be dropped off, mailed or faxed to the nearest Employment Standards Branch office. What is the Employees' Survey?Employers must use the Employees' Survey form found at www.manitoba.ca/labour/standards/forms.html to survey each employee that will be affected by the new schedule (or contact the Employment Standards Branch for a hard copy). The employer must fill in the proposed terms and conditions for the new schedule at the top of the form; then have each affected employee fill one out. At least 75% of the employees must agree to the proposed schedule. The completed surveys (originals) are sent with the application to the Employment Standards Branch. The employer must also give Employment Standards an explanation for any employees unavailable to sign, such as those on leave. 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 or denied. 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. The schedule can remain in effect until the permit/order expires. Before that the minimum standard remains in place. Does the permit expire?Permits/Orders will expire on the date shown on the permit/order. Once it has expired the employer must either have a new one in place or go back to the minimum standard. The employer must re apply before the expiry date to avoid any disruptions in their operation. Each application needs the written support of the affected employees. For more information contact Employment 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 and The Worker Recruitment and Protection Act, or contact Employment Standards to ask for advice. Date Published: February 24, 2012 |
