If an employment contract or a union collective agreement provides a greater right or benefit to an employee through an entitlement that is directly related to the same subject matter as a minimum standard under the ESA, the greater right or benefit will prevail over the minimum ESA standard.
For example, a greater right or benefit would include an hourly rate of pay that exceeds the minimum wage entitlement in the ESA or a greater percentage of vacation pay and longer vacations than what the ESA provides for.
An employer cannot rely on a greater benefit in respect of one standard to offset a lesser benefit in respect of another.
- What if I think my employer is not following the ESA?
- Can I see the ESA?
| What if I think my employer is not following the ESA? |
 | What if I think my employer is not following the ESA?
| Can I see the ESA? |
| Employment Standards Act, 2000
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