Navigating employment regulations in Canada can be complex, with each province and territory having unique requirements. Our thorough eleven-part series deconstructs the critical policies you must understand, providing unique insights into each Canadian Province and Territory. Let us equip you with the knowledge to create a compliant and thriving workplace, no matter where in Canada you operate.

Part 1 - Ontario Part 2 - Quebec Part 3 - British Columbia Part 4 - Alberta Part 5 - Manitoba Part 6 - Saskatchewan Part 7 - Nova Scotia Part 8 - New Brunswick Part 9 - Newfoundland and Labrador Part 10 - Prince Edward Island Part 11 - Territories, Northwest Territories, Nunavut, & Yukon

This Part 5 in our Series provides an overview of the essential employment policies for Manitoba employers. Navigating the landscape of employment policies in Manitoba can be complex. Understanding which policies are legally required and which are recommended for best practices is crucial for compliance and fostering a positive workplace environment. Fortunately, we’ve got everything you need to know below.

*Disclaimer: Employment laws and regulations can change. While we strive to provide up-to-date information, this guide does not constitute legal advice and we recommend verifying current regulations with official sources.

Required Employment Policies

Workplace Safety and Health Policy

Manitoba’s Workplace Safety and Health Act mandates that employers with 20 or more workers must establish and maintain a comprehensive Workplace Safety and Health Program. This program should be robust and include several critical elements. First, a written policy statement that outlines the employer’s commitment to safety and health must be in place. The program should also include a process for identifying workplace hazards, implementing safe work procedures, and providing ongoing training to employees. Additionally, mechanisms for regular safety inspections and reporting unsafe conditions are essential. This program is vital for ensuring that all employees work in a safe and healthy environment.

Harassment Prevention Policy

Under both the Human Rights Code and the Workplace Safety and Health Act, Manitoba employers are required to implement a Harassment Prevention Policy. This policy should clearly define what constitutes harassment, including workplace harassment and sexual harassment. The policy must outline the process for reporting incidents, ensuring that it is easily accessible to all employees. It should also specify how complaints will be investigated, including timelines and confidentiality measures. Providing training to employees and management on recognizing and preventing harassment is another crucial component. This policy not only ensures compliance with the law but also promotes a workplace where employees feel respected and safe.

Violence Prevention Policy

If there is a risk of violence in the workplace, Manitoba law requires employers to develop a Violence Prevention Policy. This policy should begin with a clear definition of workplace violence and an assessment of the specific risks within your organization. It must outline the procedures for reporting and responding to incidents of violence, including emergency procedures if necessary. The policy should also include measures to mitigate the risk of violence, such as security controls or staff training. Regular reviews and updates to the policy are crucial to ensure its continued effectiveness. A well-crafted Violence Prevention Policy helps protect employees and demonstrates the employer’s commitment to their safety.

Accessibility Policy

The Accessibility for Manitobans Act (AMA) requires organizations to develop policies related to accessibility, focusing on removing barriers for individuals with disabilities. The first standard under the AMA is the Customer Service Standard, which necessitates policies and procedures to ensure accessible service. An Accessibility Policy should include a commitment to providing accessible services and outline the steps your organization will take to achieve this. It should cover employee training, communication methods, and the process for receiving and responding to feedback from individuals with disabilities. This policy is fundamental in promoting inclusivity and ensuring that your workplace is accessible to all.

Privacy Policy

Employers must comply with privacy legislation such as the Personal Information Protection and Electronic Documents Act (PIPEDA) or The Freedom of Information and Protection of Privacy Act (FIPPA), depending on the sector. A Privacy Policy should outline how personal information will be collected, used, disclosed, and stored. It should include details on how employees’ personal information is protected, the purposes for which it is collected, and the procedures for accessing or correcting this information. The policy should also cover the retention and disposal of personal data. A well-structured Privacy Policy is essential for maintaining trust and ensuring compliance with privacy laws.

Return to Work Policy

The Workers Compensation Act in Manitoba requires employers to develop a Return to Work Policy for injured workers. This policy should outline the procedures for reintegrating an injured worker into the workplace, including the provision of modified duties or accommodations if necessary. It should also describe the process for assessing the worker’s ability to return to work and the steps to be taken if further medical assessments are needed. The policy should emphasize the employer’s commitment to supporting employees during their recovery and ensuring a smooth transition back to work. This policy not only helps in complying with legal requirements but also shows a commitment to employee well-being.

Recommended Policies

Employment Standards Policies

While not always formalized as standalone policies, it is essential for employers to ensure compliance with Manitoba’s Employment Standards Code. This includes adhering to standards such as minimum wage, hours of work, overtime pay, and various leave entitlements. Many organizations create Employment Standards Policies to document their commitment to these legal requirements. Such a policy should clearly state the organization’s practices regarding work hours, pay periods, overtime, and leave, including parental, compassionate care, and sick leave. Having a formalized policy in place helps avoid misunderstandings and ensures that both employers and employees are aware of their rights and obligations.

Employee Code of Conduct

An employee code of conduct is a valuable tool for setting clear expectations regarding behaviour and performance. This policy should cover areas such as professional ethics, conflict of interest, attendance, dress code, and the use of company resources. It should also outline the procedures for addressing violations and the potential disciplinary actions that may result. A well-defined code of conduct can help prevent misunderstandings and ensure that all employees adhere to the company’s standards.

Diversity, Equity, and Inclusion Policy

A diversity, equity, and inclusion policy is crucial for fostering a workplace culture that values and respects differences. While not legally required, this policy should articulate the company’s commitment to diversity in hiring, promotion, and all aspects of employment. It should include strategies for creating an inclusive environment, such as training programs, employee resource groups, and initiatives to eliminate unconscious bias. A strong diversity, equity, and inclusion policy can enhance employee engagement and attract top talent from diverse backgrounds.

IT and Data Security Policy

Protects company data and technology assets from breaches and misuse, ensuring data security and privacy. The policy should outline acceptable use of company technology, procedures for safeguarding data, and protocols for responding to security incidents.

Remote Work Policy

With the rise of remote work, having a comprehensive remote work policy is highly recommended. This policy should outline expectations for remote work arrangements, including work hours, communication protocols, and the use of company equipment. It should also address data security, confidentiality, and any specific performance metrics that apply to remote employees. A well-crafted remote work policy can help ensure consistency and productivity, even when employees are working outside the traditional office environment.

Social Media Policy

In today’s digital age, a social media policy is essential for protecting the company’s reputation and ensuring that employees understand the boundaries of appropriate online behaviour. This policy should define acceptable use of social media, both in and outside of work, and outline the consequences of violating the policy. It should also provide guidelines for representing the company online, including the use of company logos, sharing confidential information, and engaging with customers or the public.

Workplace Hazardous Materials (WHMIS) Policy

Employers are required to comply with the Workplace Hazardous Materials Information System (WHMIS) regulations. While there is no explicit requirement to have a separate WHMIS policy, employers must ensure that they fulfil all the obligations under WHMIS, which include training employees, labelling hazardous materials, and maintaining Material Safety Data Sheets (MSDSs) or Safety Data Sheets (SDSs).

Workplace Emergency Preparedness Policy

A workplace emergency preparedness policy, although not explicitly mandated, is highly recommended to ensure the safety and well-being of employees during emergencies. This policy should include detailed plans for various types of emergencies, such as fires, earthquakes, or hazardous material spills. It should specify evacuation routes, the roles and responsibilities of employees during an emergency, and procedures for communicating with staff and emergency responders. Regular drills and training should be part of this policy to ensure that all employees are prepared to respond effectively in an emergency situation.

Grievance Policy

A Grievance Policy provides a clear process for employees to raise and resolve workplace issues or disputes. This policy ensures that employee concerns are addressed fairly and promptly, contributing to a positive and transparent organizational culture.

Workplace Drug and Alcohol Policy

Ensures a safe and productive work environment by outlining expectations and procedures regarding substance use and testing. This policy should detail the types of substances covered, the circumstances under which testing may be conducted, and the consequences for violations.

Performance Management Policy

Outlines how employee performance will be assessed and managed, ensuring fairness and clarity in evaluations and promotions. The policy should describe the performance appraisal process, criteria for evaluating performance, and the steps for addressing performance issues.

Training and Development Policy

A Training and Development Policy underscores the company's commitment to employee growth and development. It is beneficial for enhancing skills and improving job performance. The policy should detail available training programs, eligibility criteria, and procedures for accessing training opportunities.

Conclusion

By implementing both required and recommended policies above, employers in Manitoba can ensure compliance with legal standards, promote a positive workplace culture, and support the overall well-being of their employees. Regularly reviewing and updating these policies is essential to keep pace with legal changes and evolving workplace needs.

Resources for Further Information

Manitoba Employment Standards

Manitoba Workplace Safety and Health

Workers Compensation Board WCB

The Manitoba Labour Board