SUMMARY OF EMPLOYMENT STANDARDS
Working Hours, Wages, Overtime & Incentive Pay
The standard working day and week is generally an 8-hour day and a 40-hour week. There are a number of exceptions, such as in certain industries (construction, agriculture, fisheries, etc.), workers who set their own hours and earn more than double the average industrial wage, workers who “perform management functions primarily”. There is a conventional, societal distinction between wage-earners and salaried workers, however, for the purposes of calculating pay (e.g., for overtime, vacation, termination, etc.), a weekly salary is effectively divided by 40 in order to determine the de facto hourly wage. Overtime (of 150%) is paid for working more than the standard 8 hours a day, or 40 hours a week. There is a minimum wage (currently $10.25/hr.), and contracts that work out at less than the minimum are invalid. Incentive pay (commissions, bonuses, etc.) is included when calculating overtime pay.
Holidays, Vacations, Leave-Time & Days Off
Holidays are established by social precedent (e.g., Christmas) or by legislation (e.g., Louis Riel Day),
A contract cannot offer benefits, which are found to be lower than the employment standards. However, there are provisions that allow the employees to accept the terms that are not less than the minimum standard. There are also deductions which are beneficial to the employee and these include the insurance packages, social funds, voluntary purchase of goods, educational experiences and meals plus rent. However, benefits always start with employment like an employee has a guaranteed health insurance before starting a business.
These are documents that employers must keep as records for the employees. The employers must keep the records of the employees, hours of work and what they are paid. They should also maintain, the name, address, occupation, date that work starts, working hours, wages paid and deductions from the wages. Other documents that should be kept are date of work termination, work schedules, overtime and vacation allowance.
There are restrictions at work places especially for young people and children. Although employees have equal rights at work places, there are some employees who are exempted from doing certain jobs. They are not allowed to work on construction sites, industrial manufacturing, drilling servicing and pruning. In addition, employees under 18 years cannot work between 11pm -6am. These restrictions are put in place basing on the ages of the employees. In addition it is also illegal for employees under 18 to work in the following industries; forestry, saw mills, confined spaces, underground mines and asbestos.
Employees are allowed to make deductions from their wages. This is especially when it is a legal action, the employees agree to pay and meant to compensate payroll errors. The following can be deducted from the employees; pay advances, payroll error corrections, cost tools, photo radar, cost of courses and training and the cost of room and board. However, there are costs that cannot be deducted from the employee’s wages.
They are considered as unauthorized. These include; the cost of damage after company damage, cost of lost, stolen ,broken tools and equipments, cost of personal safety equipments and cost of employee uniform.
In addition, some deductions are meant to benefit employee and these include; health packages, meals and rents, educational expenses and social funds.
The company is responsible for covering the expenses of transportation by using its vehicles and cars in transportation.
Employers are not allowed to deduct the employee’s wages to cover the loss that is incurred in the company. These loses include the company properties like cars in accidents, and packing tickets that involves the company vehicles. Therefore, the property of the company does not concern the employees in the company. In addition, employees do not participate in any debt that concerns the property of the company.
Uniforms & Dress Codes
Employers can suggest for employees to wear uniforms but they are not required to pay for them. This is because uniforms are unique to any business .This makes the employees to be identified by the logo, colors and uniform.
Employers are also supposed to have a dress code and set standards that guide the appearance of employees. The rules include the elimination of jewellery at work place, clean and pressed shirts and blank pants at work places. A dress code however permits the employees to have their own clothing at work places. There is a common dress code among many employees which include loosely fitted clothes that identifies nurses. There, the role of dress code among the employees is for easier and faster identification.
Employees have a permission to change their schedules at any time. They may decide on the closing day, opening hours, increase or reduction of working hours.
Definitions: “Substantial control over hours of work,” “uniform,” “supervisor,” etc.
Substantial control is having power on all decision made concerning working hours, uniform is a common dressing code by employees and supervisor is an individual who controls and guides the employees.
Termination ( with or without notice)
Termination without notice occurs under the following cases;
When the employment is for a specified period, if the employees have substantial control over their shifts, there is a just cause, employers are placed on temporary layoff, employer becomes violent toward the employee and employee participate in the construction of the industry.
Children are allowed to work for only 20 hours per week.
A quick guide to employment standards (2012). Winnipeg: Manitoba Ministry of Labour