Canada Labour Code Vs Collective Agreement

13. September 2021    

Part I of the Code regulates workplace relations and collective bargaining between trade unions and employers. This part contains provisions relating to dispute resolution, strikes and lockouts. It describes the rights and obligations of employers, trade unions and workers with regard to labour relations. (b) the Federal Act on Labour in the Public Sector shall apply in all respects to the interpretation and application of the collective agreement or arbitration award. Unions are usually certified as exclusive negotiators of workers after a vote in which the majority of employees in the tariff unit express their wish to be represented by the union. After certification, unions represent workers in collective bargaining and labour disputes, as well as in more routine workplace affairs and in the representation of political interests. Collective agreements can be complicated and difficult to understand. If you need help understanding the agreement, ask your union representative. Marginal note:The arbitration award is considered part of the collective agreement Some jurisdictions have, in addition to their general labour law, statutes that allow „collective bargaining“ outside the Labour Code or the Labour Relations Act in that jurisdiction. These include statutes that govern „artists“ both in Quebec and at the federal level. Quebec does not recognize and apply Canadian law and, therefore, Quebec in general does not apply to general common law principles that deal with employment. This is why caution is required, both in the management of labour law and in labour law in the province of Quebec, where the Civil Code and other statutes, in addition to the Labour Code, govern and govern the employment relationship.

In addition, many jurisdictions have specific laws governing labour relations for essential services such as police forces, hospitals, firefighters, etc. A detailed description of these statutes would be beyond the scope of this brief summary.

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