Employment Standards

Overtime and Hours of Work

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

Individual Flex-time Agreements

Effective January 2012, an individual employee can request to enter into a written agreement with their employer to change the standard hours of work (8 hours per day and 40 hours per week). The purpose of these agreements is to help employees manage their work and personal life responsibilities.

Overtime

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 ½ times their regular wage for the hours worked during overtime. Overtime must be authorized by employers.

Overtime Exemptions - Workers who perform management functions primarily

Most employees are entitled to be paid 1½ times their regular wage for hours worked beyond eight hours in a day or for hours worked beyond 40 hours in a week. An employee is 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 perform management functions primarily. This fact sheet explains this exclusion.

Overtime Exemptions - Workers who substantially control their hours of work

Most employees are entitled to be paid 1 1/2 times their wages for hours worked beyond eight hours in a day or for hours worked beyond 40 hours in a week. An employee is 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 average industrial wage.

Overtime for Incentive Pay

Overtime pay is calculated using 1 1/2 times the hourly wage for overtime hours. 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. The Employment Standards Branch requires employers to keep some pay records for three years.

Sunday and Holiday Shopping

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 restricts employers from forcing an employee to work more than five hours without a break.

Employers may apply to reduce or eliminate the 30 minute work break, if they can demonstrate an extraordinary need, and a benefit to the affected employees.