TABLE OF CONTENTS
GENERAL
Application
Collective agreement
Objectives
** Definitions
Authorities
Monitoring
References
Enquiries
PART I ROLES AND RESPONSIBILITIES
** 1.1 Departments
1.2 The Treasury Board Secretariat
1.3 The Public Service Commission
1.4 Employees
PART II OFFICIAL NOTIFICATION
** 2.1 Department
** 2.2 Treasury Board Secretariat
PART III RELOCATION OF A WORK UNIT
PART IV RETRAINING
4.1 General
** 4.2 Surplus employees
4.3 Laid-off persons
PART V SALARY PROTECTION
PART VI OPTIONS FOR EMPLOYEES
6.1 General
** 6.2 Alternation
** 6.3 Options
** 6.4 Retention payment
PART VII SPECIAL PROVISIONS REGARDING ALTERNATIVE
DELIVERY INITIATIVES
Preamble
7.1 Definitions
** 7.2 General
7.3 Responsibilities
** 7.4 Notice of alternative delivery initiatives
7.5 Job offers from new employers
7.6 Application of other provisions of the Appendix
7.7 Lump-sum payments and salary top-up allowances
** 7.8 Reimbursement
7.9 Vacation leave credits and severance pay
ANNEX "A" – STATEMENT OF PENSION
PRINCIPLES
ANNEX "B"
Application
This Appendix applies to all employees.
Unless explicitly specified, the provisions contained in Parts I to VI do not
apply to alternative delivery initiatives.
Collective agreement
With the exception of those provisions for which the Public Service
Commission (PSC) is responsible, this Appendix is part of this collective
agreement.
Objectives
It is the policy of the Treasury Board to maximise employment opportunities
for indeterminate employees affected by work force adjustment situations,
primarily through ensuring that, wherever possible, alternative employment
opportunities are provided to them. This should not be construed as the
continuation of a specific position or job but rather as continued employment.
To this end, every indeterminate employee whose services will no longer be
required because of a work force adjustment situation and for whom the deputy
head knows or can predict employment availability will receive a guarantee of a
reasonable job offer within the public service. Those employees for whom the
deputy head cannot provide the guarantee will have access to transitional
employment arrangements (as per Part VI and VII).
Definitions
Accelerated lay-off (mise en disponibilité
accélérée) - occurs when a surplus employee makes a request to the
deputy head, in writing, to be laid off at an earlier date than that originally
scheduled, and the deputy head concurs. Lay-off entitlements begin on the actual
date of lay-off.
Affected employee (employé touché) - is an
indeterminate employee who has been informed in writing that his or her services
may no longer be required because of a work force adjustment situation.
Alternation (échange de postes) - occurs when an
opting employee (not a surplus employee) who wishes to remain in the public
service exchanges positions with a non-affected employee (the alternate) willing
to leave the public service with a Transition Support Measure or with an
Education Allowance.
Alternative delivery initiative (diversification de mode
de prestation de service) - is the transfer of any work, undertaking or
business of the public service to any body or corporation that is a separate
employer or that is outside the public service.
Appointing department (ministère d'accueil) - is
a department or agency which has agreed to appoint or consider for appointment
(either immediately or after retraining) a surplus or a laid-off person.
Deputy head (administrateur général) - has the
same meaning as in the definition of "Deputy Head" set out in section
2 of the Public Service Employment Act, and also means his or her
official designate.
**
Education Allowance (indemnité d'étude) - is
one of the options provided to an indeterminate employee affected by normal work
force adjustment for whom the deputy head cannot guarantee a reasonable job
offer. The Education Allowance is a cash payment, equivalent to the Transitional
Support Measure (see Annex "B"), plus a reimbursement of tuition from
a recognised learning institution, book and mandatory equipment costs, up to a
maximum of $8,000. The Education Allowance includes a reimbursement of up to
$2,000, in addition to the above mentioned $8,000, for reimbursement of tuition,
books and mandatory equipment for a postgraduate university program.
Guarantee of a reasonable job offer (garantie d'une
offre d'emploi raisonnable) - is a guarantee of an offer of indeterminate
employment within the public service provided by the deputy head to an
indeterminate employee who is affected by work force adjustment. Deputy heads
will be expected to provide a guarantee of a reasonable job offer to those
affected employees for whom they know or can predict employment availability in
the public service. Surplus employees in receipt of this guarantee will not have
access to the Options available in Part VI of this Appendix.
Home department (ministère d'attache) - is a
department or agency declaring an individual employee surplus.
Laid off person (personne mise en disponibilité) - is
a person who has been laid off pursuant to PSEA 29(1) and who still retains a
reappointment priority under PSEA 29(3).
Lay-off notice (avis de mise en disponibilité) - is a written notice of lay-off to be given to a surplus employee at least one
month before the scheduled lay-off date. This period is included in the surplus
period.
Lay - off priority
(priorité de mise en disponibilité) - a person who has been laid off is
entitled to a priority for appointment without competition or appeal to a
position in the public service for which, in the opinion of the PSC, they are
qualified. This priority is accorded for one year following the lay-off date,
pursuant to subsection 29(3) of the Public Service Employment Act, or
following the termination date, pursuant to paragraph 11(2.01) of the Financial
Administration Act.
Opting employee (employé optant) - is an indeterminate employee whose services will no longer be required
because of a work force adjustment situation and who has not received a
guarantee of a reasonable job offer from the deputy head and who has 120 days to
consider the Options of Part 6.3 of this Appendix.
Pay (rémunération) - has the same meaning as
"rate of pay" in the employee's collective agreement.
Priority administration system
(système d'administration des priorités) - is a system
designed by the PSC to facilitate appointments of individuals entitled to
statutory and regulatory priorities.
Public Service (fonction publique) - means the several positions in or under any department, agency, or other
portion of the public service of Canada as defined in the Public Service
Labour Relations Act (PSLRA), for which the PSC has the sole authority to
appoint.
Reasonable job offer
(offre d'emploi raisonnable) - is an offer of indeterminate employment
within the public service, normally at an equivalent level but could include
lower levels. Surplus employees must be both trainable and mobile. Where
practicable, a reasonable job offer shall be within the employee's headquarters
as defined in the Travel Directive. In Alternative Delivery situations, a
reasonable offer is one that meets the criteria set out in Type 1 and Type 2 of
Part VII of this appendix. A reasonable job offer is also an offer from a PSLRA
Part II employer, providing that:
(a) The appointment is at a rate of pay and an attainable salary maximum not
less than the employee's current salary and attainable maximum that would be in
effect on the date of offer.
(b) It is a seamless transfer of all employee benefits including a
recognition of years of service for the definition of continuous employment and
accrual of benefits, including the transfer of sick leave credits, severance pay
and accumulated vacation leave credits.
Reinstatement priority(priorité de
réintégration) - is an appointment priority accorded by the PSC,
pursuant to the Public Service Employment Regulations, to certain
individuals salary-protected under this Appendix for the purpose of assisting
such persons to re-attain an appointment level equivalent to that from which
they were declared surplus.
Relocation (réinstallation) - is the authorised
geographic move of a surplus employee or laid-off person from one place of duty
to another place of duty, beyond what, according to local custom, is a normal
commuting distance.
Relocation of work unit(réinstallation
d'une unité de travail) - is the authorised move of a work unit of any
size to a place of duty beyond what, according to local custom, is normal
commuting distance from the former work location and from the employee's current
residence.
Retraining (recyclage) - is on-the-job training
or other training intended to enable affected employees, surplus employees and
laid-off persons to qualify for known or anticipated vacancies within the public
service.
Surplus employee (employé
excédentaire) - is an indeterminate employee who has been formally
declared surplus, in writing, by his or her deputy head.
Surplus priority (priorité de employé
excédentaire) - is an entitlement for a priority in appointment accorded
by the PSC, pursuant to the Public Service Employment Regulations, to
surplus employees to permit them to be appointed to other positions in the
public service without competition or right of appeal.
Surplus status (statut d'employé
excédentaire) - An indeterminate employee is in surplus status from the
date he or she is declared surplus until the date of lay-off, until he or she is
indeterminately appointed to another position, until his or her surplus status
is rescinded, or until the person resigns.
Transition Support Measure
(mesure de soutien à la transition) - is one of the options provided
to an opting employee for whom the deputy head cannot guarantee a reasonable job
offer. The Transition Support Measure is a cash payment based on the employee's
years of service in the public service, as per Annex "B".
Twelve - month surplus priority period in which to secure
a reasonable job offer (Priorité
d'employé excédentaire d'une durée de douze mois pour trouver une offre
d'emploi raisonnable) - is one of the options provided to an opting
employee for whom the deputy head cannot guarantee a reasonable job offer.
Work force adjustment (réaménagement
des effectifs) - is a situation that occurs when a deputy head decides
that the services of one or more indeterminate employees will no longer be
required beyond a specified date because of a lack of work, the discontinuance
of a function, a relocation in which the employee does not wish to relocate or
an alternative delivery initiative.
Authorities
The PSC has endorsed those portions of this Appendix for which it has
responsibility.
Monitoring
Departments shall retain central information on all cases occurring under
this Appendix, including the reasons for the action; the number, occupational
groups and levels of employees concerned; the dates of notice given; the number
of employees placed without retraining; the number of employees retrained
(including number of salary months used in such training); the levels of
positions to which employees are appointed and the cost of any salary
protection; and the number, types, and amounts of lump sums paid to employees.
This information will be used by the Treasury Board Secretariat to carry out
its periodic audits.
References
The primary references for the subject of Work Force Adjustment are as
follows:
Canada Labour Code, Part I.
Financial Administration Act, section 11.
Pay Rate Selection (Treasury Board Manual, Pay administration volume, chapter 3).
Policy on termination of Employment in Alternative Delivery Situations
(Treasury Board Manual, Human Resources Volume, Chapter 1-13)
Public Service Employment Act, section 29.
Public Service Employment Regulations, sections 34, 35, 36, 37, 39
and 42.
Public Service Labour Relations Act, sections 48.1 and 49.
Public Service Superannuation Act, section 40.1.
Relocation Directive (Treasury Board Manual, Employee Services Volume,
Chapter 3-1).
Travel Directive (Treasury Board Manual, Employee Services Volume, Chapter
1-1).
Enquiries
Enquiries about this Appendix should be referred to PIPSC, or the responsible
officers in departmental headquarters.
Responsible officers in departmental headquarters may, in turn, direct
questions regarding the application of this Appendix to the Transition and
Work-Life Policies Group, Human Resources Branch, Treasury Board Secretariat.
Enquiries by employees pertaining to entitlements to a priority in
appointment or to their status in relation to the priority appointment process
should be directed to their departmental human resource advisors or to the
regional and district offices of the PSC responsible for their case. Responsible
officers in departmental headquarters seeking interpretations and guidance may
contact the Employment Equity and Priority Administration Division of the
Recruitment Programs and Priority Administration Directorate, Resourcing and
Learning Branch, Public Service Commission Canada.
|