Your business has grown and you are now thinking of taking on your first employees – congratulations! But where to start?
Employment law in Manitoba is regulated by a combination of contractual, statutory and common law rules. The following is a short checklist of 10 basic employment law areas that most first-time Manitoba employers need to consider.*
1. The Employment Standards Code (ESC) – The ESC sets out the minimum working entitlements for the vast majority of employees in Manitoba, both full-time and part-time. It governs issues such as: minimum wage, hours of work, breaks, overtime, leaves of absence, vacation time-off and pay, general holidays (commonly referred to as "stat" holidays), termination of employment, and more!
Parties that fall under the ESC cannot contract out of it. This means that an employer and employee cannot agree that the employee will work for less than their entitlements under the ESC. However, an employer may decide to provide greater benefits than those provided for in the ESC.
2. The Workplace Safety and Health Act & Regulations (WSHA) – The WSHA requires every employer to maintain a safe and healthy workplace. This includes, among other things, a duty to ensure workers are a) protected from unsafe and/or hazardous conditions and equipment in the workplace; b) properly trained to ensure the health and safety of themselves and others; and c) able to work in a workplace free from harassment, violence, and discrimination.
The WSHA sets out...
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