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Unions and Employment Standards
Ask the ExpertUnions and Employment Standards
Conner Lantz asked 6 years ago
We recently realized that in British Columbia there is a fact sheet produced by Employment Standards outlining when basic rights cannot be negotiated and must, at a minimum, be followed. It also outlines when some parts of ESA can be negotiated in the collective agreement and therefore employment standards does not apply and has no jurisdiction (overtime, annual vacation, seniority retention, statutory holidays, termination and layoff).   Although it is unlikely that a union would agree to provisions deemed lesser than Employment Standards, we are wondering how other provinces work. We received information from Alberta Employment Standards that no such provisions apply in Alberta as they do in BC. Employment Standards is always the minimum and is upheld even with a collective agreement in place.   Thank you,