It depends.
Legislation normally establishes minimum benefits, the unintended consequence is that
'Legislated minimums usually become normal practice and effectively become practiced maximums.'
If you do not have an Individual Contract or Collective Agreement then the employer is only obligated to pay legislated minimums. You can negotiate anything in an Individual Contract, and legislated minimums may or may-not apply.
Vacation and Holiday pay are not the same and can be calculated on a different basis. Some Legislation and Agreements require calculating both on gross earnings, other Legislation and Agreements allow calculation based on regular wage rate x hours worked, others allow calculation of each separately and pay holiday benefits on 'regular' (40 or 44 hrs @ straight time) earnings with no credit for overtime. Vacation is normally calculated on all hours worked but may be @ regular rates or gross earnings. The rates used for calculating these benefits can also vary widely and can differ substantially from the Provincial Legislation minimums, as can the time that these benefits are payable.
Similarly medical and pension benefits can be calculated on many differing mixtures of 'regular' rates and earnings and actual hours worked and gross earnings.
This is one of the major differences between the CLAC Collective Agreements and a real Union Collective agreement.
Always carefully negotiate and read YOUR agreements before signing them and agreeing to their terms.
Good Luck, YMMV
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