Manitoba
Navigating Manitoba's labor laws and regulations is effortless with TCWGlobal's Employer of Record (EOR) services. We cover all facets of local employment, ensuring compliance and operational smoothness. From payroll to employee benefits, our team delivers support specifically designed for your business in Manitoba. Trust TCWGlobal to manage your employment needs as you expand into the Manitoba market.
Workers in Manitoba may be classified as "Exempt" or "Non-Exempt." Whether a Worker is considered "Exempt" is determined by factors including the nature of their work functions, and their level of authority or control in the organization. Workers classified as Exempt are exempt from some aspects of the Employment Standards such as overtime and hours of work.
Fixed-term contracts are allowed in Manitoba, however, may turn into indefinite contracts if the Worker continues to work after the fixed-term has ended. Early termination of a fixed term contract without cause requires payment to the Worker for the remaining contract terms. Companies can include an early termination clause in the contract to attempt to minimize the amount owed.
Workers in Manitoba are entitled to nine (9) general holidays, with holiday pay effective upon date of hire. Holiday pay for salaried Workers is the equivalent of one regular work day's pay. For hourly Workers, holiday pay is calculated at 5% of their gross wages (excluding overtime) in the four (4) week period immediately prior to the holiday.
In Manitoba, most industries do not operate on Remembrance Day (November 11th), thus, most Workers do not work on this day. It is not a requirement to pay holiday pay for Remembrance Day, but it is common practice for companies in industries that do not operate. If a Worker does work on Remembrance Day, they are paid for at least half of a normal workday (four hours for an individual that regularly works an 8 hour day) at 1.5 times their normal rate of pay, and either a day's pay for working on Remembrance Day if a salaried Worker or 5% of their gross wages in the 28 days prior to Remembrance Day if they work variable hours
Workers accrue two weeks of (unpaid) vacation time per year of service for their first four (4) years of service. Additionally, they receive vacation pay in the amount of 4% of wages earned per year of service. Workers with five (5) or more years of service accrue three weeks of (unpaid) vacation time per year of service. Additionally, they receive vacation pay in the amount of 6% of wages earned per year of service. In all cases, overtime, payment in lieu of notice, and vacation pay are not used in the calculation for vacation pay. Vacation pay may be paid on each paycheck. Companies using this method for paying vacation pay must provide the Worker with their accrued vacation time off, but the Worker does not receive additional pay. If a company accrues vacation pay, it must be paid to the Worker no later than the last day of work prior to the Workers vacation time.
In Manitoba, Sick Leave is also known as "Family Leave." Workers are entitled to three (3) days of job-protected, unpaid leave to deal with family responsibilities or personal illness after working for at least 30 days. There are additional job-protected leaves for Workers who have a long-term injury or illness, need time off to care for a family member or suffer the loss of a family member.
Hourly, salaried, and commission paid Workers are paid at 1.5 times their regular rate of pay for hours worked over 8 hours in one day or 40 hours in one week. Workers may make a written request to bank these overtime hours. In this case, for each hour of overtime worked, 1.5 hours of time is banked and paid at the regular rate when the worker takes time off. Banked overtime should be used within three (3) months of earning it. If it is not used within three (3) months, the banked overtime is paid to the Worker.
There are no mandatory bonuses in Manitoba.
Workers must be provided written notice prior to termination. Workers will continue to perform regular work during their notice period. Payment in lieu of the notice period is allowed. The length of the notice period depends on the Worker's length of service. The statutory notice periods in Manitoba are:
1 week for Workers outside of their probationary period, but with less than one (1) year of service;
2 weeks for Workers with at least one (1) year of service but less than three (3) years of service;
4 weeks for Workers with three (3) years of service but less than five (5) years of service;
6 weeks for Workers with five (5) years of service but less than 10 years of service; and
8 weeks for Workers with 10 or more years of service.
Workers should provide at least one week of notice if they have been working for more than 30 days but less than one (1) years, and two weeks of notice if they have been working for one (1) year or more.
Companies performing large scale terminations of 50 or more workers within a four (4) week period have additional notice requirements.
Workers are entitled to several types of job-protected leave in Manitoba. The length and qualifying work period for each leave is dependent on which type of leave is needed. Job protected leave types include Maternity Leave, Parental Leave, Family Leave, Bereavement Leave, Long-term Leave for Serious Injuries or Illness, Compassionate Care Leave, Leave related to a Critical Illness, Interpersonal Violence Leave, Reservist Leave, Leave for Organ Donation, and Leave related to the Death or Disappearance of a Child.
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