Waiving holiday rights not an option for Canadian workers: Lawyer

Obscure law allows for some exceptions if permission is granted from employment standards director
By Zachary Pedersen
|Canadian Payroll Reporter|Last Updated: 02/13/2013

Almost everyone in Canada must take the legislated vacation time for the province in which they work, says Mark Fletcher, a lawyer with labour and employment law firm Grosman, Grosman and Gale in Toronto.

“There's a clear rule of law set by the Supreme Court of Canada that employees cannot contract out of their minimum rights and entitlements under any employment standards legislation,” he says. “I think it's a relatively obscure rule, so many employers aren't aware of it.”

While it may not currently be a contentious issue, employers still need to be aware of the rules, he says.