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Provincial Laws›Manitoba Employment Standards Code

Manitoba Labour Laws: The Employment Standards Code Explained

How Manitoba's employment standards differ from the federal Canada Labour Code

Content last verified against official statutes: August 30, 2026

Am I Provincially Regulated?

Employees of private employers in Manitoba whose business is not federally regulated (interprovincial transportation, telecommunications, banking and similar) are covered by The Employment Standards Code, enforced by the Employment Standards Branch.

Overtime

Standard hours are 8 in a day and 40 in a week. Hours beyond either threshold are overtime, paid at not less than 1.5 times the regular wage rate (Code s.17). Some occupations, including managers and certain professionals, are excluded from overtime under the regulations.

Key difference from federal: The Canada Labour Code uses the same 8-hour and 40-hour thresholds (s.169, s.174).

Sick Leave

The Code provides no paid sick days. After 30 days of employment, an employee may take up to 3 days of unpaid leave each year for their own health or for family responsibilities (s.59.3). The 3 days cover both purposes combined and do not carry over.

Key difference from federal: Federally regulated employees earn up to 10 paid medical-leave days per year (3 after 30 days, then 1 per month) and up to 27 weeks of unpaid medical leave (CLC s.239).

Termination & Severance

Code s.61 sets the minimum notice of termination (or wages in lieu). No notice is required during the first 30 days of employment:

Length of serviceMinimum notice (or pay in lieu)
30 days to less than 1 year1 week
1 year to less than 3 years2 weeks
3 years to less than 5 years4 weeks
5 years to less than 10 years6 weeks
10 years or more8 weeks

Manitoba has no statutory severance pay and no statutory unjust-dismissal process; claims for reasonable notice beyond the Code minimum are common-law wrongful dismissal claims.

Key difference from federal: The Canada Labour Code provides graduated notice of 2 to 8 weeks (s.230), severance pay of 2 days per completed year with a 5-day minimum (s.235), and an unjust dismissal complaint for non-managerial employees with 12 months of service (s.240).

Reprisal Protection

The Code protects employees from being terminated, laid off or otherwise penalized for filing a complaint, giving information to an officer, or taking a leave the Code provides. Reprisal complaints are investigated by the Employment Standards Branch; decisions can be appealed to the Manitoba Labour Board. Under The Workplace Safety and Health Act, reprisals for refusing unsafe work or raising safety concerns are handled by safety and health officers, with appeals to the Board.

Key difference from federal: Under CLC s.246.1(4) a federal reprisal complaint is itself evidence of reprisal and the burden of proof shifts to the party denying it; Manitoba's Code has no equivalent presumption.

Harassment

The Workplace Safety and Health Act and its regulation require employers to have a harassment prevention policy and to address harassment and violence at work. The Human Rights Code prohibits discrimination and harassment on protected grounds, which include ancestry (including colour and perceived race), nationality, ethnic origin, religion, age, sex (including pregnancy), gender identity, gender expression, sexual orientation, marital and family status, source of income, political belief, physical or mental disability and social disadvantage (s.9). A complaint to the Manitoba Human Rights Commission is filed within 1 year (s.23).

Key difference from federal: Federally regulated workplaces follow SOR/2020-130; discrimination complaints go to the Canadian Human Rights Commission within 12 months.

Filing Complaints

IssueWhere complaints are filedTime limit
Unpaid wages, overtime, vacation pay, notice payEmployment Standards Branch6 months from the last day of work or from when the incident happened (Code s.87)
Reprisal under the CodeEmployment Standards Branch (appeals to the Manitoba Labour Board)6 months
Harassment or unsafe work (health and safety)Workplace Safety and Health BranchNone set by statute
Discrimination or harassment on a protected groundManitoba Human Rights Commission1 year from the contravention

Key Statutes & Sources

The Employment Standards Code, C.C.S.M. c. E110Overtime (s.17), family/sick leave (s.59.3), notice (s.61), complaints (s.87)
The Human Rights Code, C.C.S.M. c. H175Protected grounds (s.9); complaint within 1 year (s.23)
The Workplace Safety and Health Act, C.C.S.M. c. W210Harassment and violence prevention, right to refuse unsafe work

Official sources checked on August 30, 2026

When Should You Contact a Lawyer?

This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.

The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.

By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.

Cite This Page

MyWorkRights.ca, "Manitoba Labour Laws: The Employment Standards Code Explained," accessed 2026-10-01, https://myworkrights.ca/provincial/manitoba