Section 3. Prohibition against departures from the Act

No departure may be made from the present Act in an employee's disfavour, unless it is specifically laid down in the Act that a provision may be departed from by agreement. An agreement which departs from the Act in an employee's disfavour must be entered into in writing for an employer to be able to invoke it.
An employer who is bound by a clause in a collective agreement which departs from the Act may apply it to all employees who perform the kind of work covered by the agreement, provided a majority of them are bound by the agreement.