Interesting Q. Employment standards are minimum requirements for non-union employment everywhere in Canada and can’t be negotiated away UNLESS expressly permitted, e.g., with regard to overtime averaging in some provinces. The same basic rule pertains to union employment although latitude for negotiation is generally wider if it’s part of a collective agreement. But again, you need to look at the specific provision of the ESA statute or Reg. to determine how much, if any, room for negotiation there is. If no latitude is provided for, the provision can’t be negotiated away.
At least this is my belief. But I also want to run this by our payroll expert Alan because he knows the ESA laws better than I do. So stay tuned and I’ll relay his comments as soon as I get them. Glenn
