Unionized workplaces
Last updated on January 31, 2024Unions have collective agreements that can define certain workplace standards for their members.
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Collective agreements
If a union's collective agreement meets or exceeds the requirements of the Employment Standards Act by improving conditions for employees in certain areas, then the Act doesn't apply to those corresponding areas. Instead, the collective agreement applies.
Review your collective agreement for workplace standards regarding the specific topics below:
| Topic | Part or Section of the Act |
|---|---|
| Special clothing | Subsections (1) and (2) of Section 25 - Special clothing |
| Hours of work or overtime | Part 4 - Hours of Work and Overtime (except for Section 37 - Agreements to average hours of work) |
| Statutory holidays | Part 5 - Statutory Holidays (except regarding the National Day for Truth and Reconciliation) |
| Annual vacations | Part 7 - Annual Vacation |
| Seniority retention, recall, termination or layoff | Section 63 - Liability resulting from length of service |
If a collective agreement does not cover one of the topics above, or if it doesn't meet or exceed the standards provided for in the Act, then the Act applies instead.
Complaints and grievance procedures
The Employment Standards Branch has no jurisdiction to resolve disputes when a collective agreement is in place. This includes responding to employees who disagree with their union’s response or the handling of a grievance.
Collective agreements contain procedures to help resolve issues in unionized workplaces. Disagreements about the application of the Act or the interpretation of a collective agreement must go through grievance procedures.
Read more about the scope of the Act and how it applies to unionized environments.
BC Labour Relations Board
The BC Labour Relations Board works with employers, employees and unions on matters related to employment and labour relations in unionized workplaces.
If you disagree with your union, visit the BC Labour Relations Board to learn more about your rights under the Labour Relations Code.
What you can do
If you're having issues at work, find out what you can do:
References from the Employment Standards Act and Regulation
Employment Standards Act