Employment standards are the rules that employers and employees must follow in Manitoba workplaces. Examples of employment standards include maximum hours that you may work in a day, and rate of pay for any overtime hours worked.

Foreign workers are treated like Manitoba workers
Employment standards are contained in the Employment Standards Code and Regulation. They are Manitoba laws. With certain exceptions, all employers and employees have to follow these rules. When it comes to safety and health in the workplace, temporary foreign workers are considered the same as all other workers in Manitoba. If your employer is covered by Manitoba's Workers Compensation Act, you are covered by Manitoba's Workers Compensation Board (WCB).

Common questions on employment standards

Must temporary foreign workers pay fees while they're being recruited to work in Manitoba?
No. In Manitoba, temporary foreign workers cannot be charged any fees as part of the process of being recruited to work in the province. You may be required to pay, to a government office, application fees associated with your temporary work permit or permanent immigration processing. Any immigration-related application fees that you may be required to pay cannot be charged to you by an employer, a recruitment agency or an employment agency. These fees should be paid directly to Citizenship and Immigration Canada. Your employer may pay these fees on your behalf, but if so, cannot collect these fees from you at a later time or deduct these fees from your pay.

Must temporary foreign workers pay anyone a fee to prepare an immigration application?
No. Temporary foreign workers are not required to pay a representative to prepare any of their application forms as part of the temporary or permanent immigration process. Your employer and the recruitment and/or employment agencies that connected you with your employer cannot require that you pay fees to them for the preparation of any of your immigration application.

Once I've started my job, when and how do I get paid my wages?
Employers must have regular pay periods. A pay period cannot be longer than 16 days because employees must be paid at least twice a month. You must be paid within 10 business days of the end of a pay period. You may be paid in cash, by cheque or money order, or by direct deposit into your bank account.

Do I receive anything in writing when I am paid?
Employers must give all employees written pay statements when they are paid wages. Pay statements are sometimes referred to as pay stubs. Your pay statement must show:

• the wage and the number of hours worked in the pay period
• the overtime wage and any overtime hours worked in the pay period
• all deductions from wages, with a date and reason for each deduction
• the total amount of wages paid to the employee

Can my employer make deductions from my earnings?
Your employer is allowed to take certain deductions from your pay. These deductions include:

• statutory deductions (for example, income tax, your contributions to the Canada Pension Plan and Employment Insurance)
• court orders or garnishments (for example, if the courts order you to pay the government or individual a certain amount of money your employer may be allowed to deduct that amount from your pay)
• recovery of pay advances and corrections of payroll errors
• the minimum amount payable by the employer for a traffic ticket (photo radar ticket) with the employee's written permission
• any other deduction agreed to by employees as long as it directly benefits the employees

The following types of costs cannot be deducted from your pay:

• vehicle, equipment and tool repair or loss
• breakage or other damages
• faulty work or poor quality work
• theft
• cash shortages
• inventory shortages
• safety equipment
• uniforms and special clothing required by employers
• business supplies
• interest charges or other fees for cash advances or cashing cheques
• education expenses that only benefit the employer
• any other deductions that are of no direct benefit to the employees

How many hours a day and how many days a week am I required to work?
Your employer can require you to work up to eight hours in a day and 40 hours in a week. These are the standard hours of work. If you work more than the standard hours you are entitled to overtime pay for them.

What is considered overtime and how much should I be paid for overtime that I work?
The standard hours of work are generally eight hours in a day and 40 hours in a week. Work beyond the standard hours is overtime. Employees who work overtime are entitled to be paid 1-1/2 times their regular wage for the hours worked during overtime. Overtime must be approved by your employer.

Am I entitled to any vacation or holidays from work?
As a worker in Manitoba you are entitled to the following holidays from work:

• General holidays: General holidays are sometimes referred to as statutory holidays or stat holidays. They are days recognized by Manitoba law as holidays. Employees either have this day off with pay, or, if they work, are paid differently. In Manitoba, there are eight general holidays. For a list of the dates, visit Manitoba Employment Standards.
• Vacation and vacation pay: Vacations and vacation pay ensure that each year employees have a rest from work without loss of income. Employees who have worked for the same employer for a full year are entitled to two weeks of paid vacation. When employees complete their fifth year of work with an employer they are entitled to three weeks vacation.

May I take time off work when my spouse or I are having a baby?
To qualify for maternity or parental leave, you must have seven consecutive months of employment with your employer. You are entitled to take a period of leave without pay. You may qualify for Employment Insurance benefits during your leave. Employment Insurance (EI) provides temporary income support during periods of unemployment. Temporary foreign workers must meet the same eligibility requirements as Canadian citizens and permanent residents. Maternity benefits are payable to the birth mother for a maximum of 15 weeks. Additional parental benefits are payable to the mother or father for a maximum of 35 weeks. At the end of your maternity and/or parental leave you are entitled to return to your old job or an equivalent job. For information about EI phone Service Canada, toll-free 1-800-206-7218.

Are employment standards different for temporary foreign workers in the construction industry?
The construction industry has several minimum standards that are different from other industries. Termination, general holidays and minimum wage are all handled differently in this industry. The Construction Industry Wages Act sets the minimum wage for trades people and other construction workers in the industrial, commercial, institutional sector, and the heavy construction sector.

Can I quit my job?
You have the right to end your employment with an employer at any time. These rights, however, come with responsibilities. In most situations, you are required to give your employer notice that you are leaving their employment. The length of notice you are required to give depends on how long you have worked, and the notice must be in writing.

You do not have to give notice that you are ending your employment during your first three months of employment. For employment of more than three months, but less than two years, required notice is one week.

Your employer must pay all your earnings within three or 10 days following the end of your employment. The due date for getting your final pay depends on whether notice was required and submitted.

Can I look for a new job?
You may choose at any time to find a new job with a different employer. You are not bound to work for your employer while you are working on a temporary work permit in Manitoba. Your new employer is required to obtain a Labour Market Opinion and you must apply for a new work permit that reflects your changes in employer, location and job description.

Can I be fired from my job?
If you do not meet your employer's expectations as outlined in your employment contract your employer can fire you. Depending upon how long you have been working and the industry you are working in, your employer may be required to give you notice that your employment is ending a certain amount of time in advance of your last day of work. The amount of notice employers must provide employees depends on the length of time that the employee has worked for them. An employer can pay an employee, instead of giving notice, for the same number of weeks.

If you are terminated from your job you may look for new employment. You may not always be eligible for Employment Insurance. For information visit Human Resources and Skills Development Canada.

Can my employer send me back to my home country?
You are entitled to remain in Canada for the full term of your work permit. An employer or employment agency cannot force you to return home if your work contract is terminated before the end of your work permit, or if you decide to find a job with another employer.

You have the right to report violations

It is illegal to threaten to send or to coerce a temporary foreign worker to go home or to prevent them from reporting a violation. An employer or employment agency that engages in such behavior may be subject to prosecution under the Criminal Code of Canada.

For more information

If you have any questions regarding the rules that workers and employers must follow in the workplace please call the Manitoba government's Employment Standards Branch.

24-hour inquiry line
Telephone: 204-945-3352
Toll-free in Manitoba: 1-800-821-4307
E-mail: Employmentstandards@gov.mb.ca