The relationship between different collective agreements on substantial conditions of employment is a complicated topic, with multiple variables and factors that impact the outcome. Understanding the relationship between these agreements is crucial for employers, employees, and anyone involved in the employment process.
Different collective agreements can come into conflict when it comes to substantial conditions of employment, such as salary, working hours, and benefits. In such cases, it is important to understand what the law says and what the different agreements stipulate. This is where the concept of hierarchy of agreements comes into play.
The hierarchy of agreements refers to the order in which different agreements are given priority in case of conflict. The primary agreement is typically the collective agreement that applies to the majority of employees. If a second collective agreement applies to a smaller group of employees, it may take precedence over the primary agreement on certain matters. Individual employment contracts may also be a factor.
In some cases, the law may take precedence over collective agreements. For example, labor laws may impose a minimum wage that cannot be overridden by any collective agreement. Similarly, laws governing overtime pay, working hours, and other employment conditions may also take priority over collective agreements.
Another important factor to consider is the concept of “most favorable treatment.” This means that if an employee is entitled to a certain condition under multiple collective agreements, they are entitled to the most favorable condition. For example, if one agreement stipulates a higher wage than another, the employee is entitled to the higher wage.
It is important for employers to ensure that collective agreements are compatible with the law and with each other to avoid conflicts and legal issues. Employees, on the other hand, should be aware of their rights and entitlements under different agreements.
In conclusion, the relationship between different collective agreements on substantial conditions of employment is complex and requires careful consideration. Employers and employees alike should be familiar with the hierarchy of agreements, the concept of most favorable treatment, and the relevant labor laws to ensure fair and legal treatment in the workplace.