Employment Standards
Overtime and Hours of Work
Averaging Agreements
Employers and employees can enter into a written agreement to change their standard hours of work. The new schedule may cycle up to a maximum of 12 weeks but must always average back to 40 hours per week. These agreements do not need approval from Employment Standards.
Averaging Permits
Employers may apply to change the standard hours of work from the minimum (8 hours per day and 40 hours per week) to a schedule that better fits their business needs. The new schedule may cycle over several weeks but must always average back to 40 hours per week.Hours of Work and Breaks
Standard hours of work are 40 hours per week and 8 hours per day. In most cases, employees who work more than the standard hours they must be paid at the overtime wage rate. Employees are also entitled to an unpaid 30 minute break after 5 hours of consecutive work.
Individual Flex-Time Agreements
Standard hours of work are generally 8 hours per day and 40 hours per week. Individual employees can ask their employer to enter into a written agreement to alter their daily standard hours of work. This agreement is intended to provide employees with greater flexibility and help them balance their work and personal life responsibilities.
Overtime
Standard hours of work are generally 8 hours in a day and 40 hours in a week. Work beyond these hours is overtime and must be paid at 1 ½ times the employee’s regular wage rate.
Most employees are paid for overtime, including students, part-time employees, and minimum wage-earners.
Overtime Exemptions - Workers Who Perform Management Functions Primarily
Most employees are entitled to be paid 1 ½ times their wage for hours worked beyond eight hours in a day or 40 hours in a week. Employees are only entitled to overtime wages for work that is requested, acknowledged, or authorized by the employer. In some cases, employees are not entitled to overtime wages because they perform management functions primarily.
Overtime Exemptions - Workers Who Substantially Control Their Hours of Work
Most employees are entitled to be paid 1½ times their wages for hours worked beyond eight hours in a day and 40 hours in a week. Employees are only entitled to overtime for work that is requested, acknowledged or authorized by the employer. In some cases, employees are not entitled to overtime wages because they have substantial control over their hours of work and earn at least twice the Manitoba Industrial Average Wage.
Overtime for Incentive Pay
Overtime wages are calculated using 1 ½ times the employee's regular hourly wage. Employees paid by the hour, week, or month know, or can calculate, their hourly wage before they begin working.
For incentive pay, the hourly wage is not known until the work is done or the pay period is finished. Incentive pay is based on productivity, not on an hourly wage.
Paying Wages and Keeping Records
Employers and employees need to keep accurate records of the hours worked and the amount paid for those hours. Employers must pay employees for all hours they work and explain how the pay was calculated. Employment Standards requires employers to keep pay records for three years.
Wage for reporting for work
Sometimes employees are scheduled to work a shift and then the shift is cancelled or shortened. In other situations, employees are called in to work when they were not scheduled. Employees who report for work are paid for at least three hours work, or their full shift, whichever is less.
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.
Work Break Order
The Employment Standards Code requires employers provide their employees with a 30 minute work break after every five consecutive hours of work.
Employers may apply to reduce or eliminate the 30 minute work break if they can demonstrate a particular need and provide an additional benefit to the affected employees.