ARCHIVED - Computer Systems (CS) 303 - Archived

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

**Appendix "E"

Work Force Adjustment

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
• Part III Relocation of a Work Unit
  • 3.1 General
• Part IV Retraining
  • ** 4.1 General
  • 4.2 Surplus employees
  • ** 4.3 Laid-off persons
• Part V Salary Protection
  • 5.1 Lower-level position
• 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"
• **Annex "C" – Role of PSC in administering surplus and lay–off priority entitlements

---

General

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 workforce 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 workforce 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 Core Public Administration. 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 workforce adjustment situation.

Alternation

(échange de postes) - occurs when an opting employee (not a surplus employee) who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration with a Transition Support Measure or with an Education Allowance.

Alternative delivery initiative

(diversification des modes de prestation des services) - is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.

Appointing department

or organization (ministère ou organisation d'accueil) - is a department or organization or agency which has agreed to appoint or consider for appointment (either immediately or after retraining) a surplus or a laid-off person.

**

Core Public Administration

(administration publique centrale) – means that part in or under any department or organization, or other portion of the Core Public Administration specified in Schedules I and IV to the Financial Administration Act (FAA) for which the PSC has the sole authority to appoint.

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 workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The Education Allowance is a cash payment, equal to the Transitional Support Measure (see Annex "B"), plus a reimbursement of tuition from a recognized learning institution, book and mandatory equipment costs, up to a maximum of ten thousand dollars ($10,000).

Guarantee of a reasonable job offer

(garantie d'une offre d'emploi raisonnable) - is a guarantee of an offer of indeterminate employment within the Core Public Administration provided by the deputy head to an indeterminate employee who is affected by workforce 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 Core Public Administration. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix.

Home department or organization

(ministère ou organisation d'attache) - is a department or organization or agency declaring an individual employee surplus.

Laid off person

(personne mise en disponibilité) - is a person who has been laid off pursuant to subsection 64(1) of the PSEA, who still retains a reappointment priority under subsection 41(4) and section 64 of the PSEA.

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 (1) 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, in accordance with subsection 41(5) of the PSEA with respect to any position to which the Public Service Commission (PSC) is satisfied that the person meets the essential qualifications; the period of entitlement to this priority is one (1) year as set out in Section 11 of the Public Service Employment Regulations (PSER).

Opting employee

(employé optant) - is an indeterminate employee whose services will no longer be required because of a workforce adjustment situation and who has not received a guarantee of a reasonable job offer from the deputy head and who has one hundred and twenty (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 Information Management System

(système de gestion de l'information sur les priorités) - is a system designed by the PSC to facilitate appointments of individuals entitled to statutory and regulatory priorities.

**

Reasonable job offer

(offre d'emploi raisonnable) - is an offer of indeterminate employment within the Core Public Administration, normally at an equal level but could include lower levels. Surplus employees must be both trainable and mobile. Where possible, the search for a reasonable job offer will be conducted as follows: 1) within the employee's headquarters as defined in the Travel Directive; 2) within forty kilometres (40 km) of the employee's place of work or of the employee's residence whichever will ensure continued employment : and 3) beyond forty kilometres (40 km). In Alternative Delivery situations, a reasonable offer is one that meets the criteria set out in type 1 and 2 of Part VII of this appendix. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:

1. 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.
2. 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 equal to that from which they were declared surplus.

Relocation

(réinstallation) - is the authorized 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 authorized 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 Core Public Administration.

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 d'employé excédentaire) - is an entitlement for a priority in appointment accorded in accordance with section 5 of the PSER and pursuant to section 40 of the PSEA; this entitlement is provided to surplus employees to be appointed in priority to another position in the Core Public Administration for which they meet the essential requirements.

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 Core Public Administration, as per Annex "B".

Twelve

(12) -month surplus priority period in which to secure a reasonable job offer (Priorité d'employé excédentaire d'une durée de douze (12) 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.

Workforce 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 or Organizations 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 Workforce Adjustment are as follows:

• Financial Administration Act
• Pay Rate Selection (Treasury Board Homepage, Organization, Human Resource Management, Compensation and Pay Administration
• Values and Ethics Code for the Public Service, Chapter 3: Post-Employment Measures. http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_851/vec-cve1-eng.asp
• Employer regulation on promotion may be found at: http://www.laws.justice.gc.ca/en/showdoc/cr/SOR-2005-376
• Public Service Employment Act
• Public Service Employment Regulations
• Public Service Labour Relations Act
• Public Service Superannuation Act
• Public Service Terms and Conditions of Employment Regulations
• NJC Integrated Relocation Directive
• Travel Directive

**

Enquiries

Enquiries about this Appendix should be referred to PIPSC, or the responsible officers in departmental or organizational headquarters.

Responsible officers in departmental or organizational headquarters may, in turn, direct questions on the application of this Appendix to the Senior Director, Excluded Groups and Administrative Policies, Labour Relations and Compensation Operations, 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 or organizational human resource advisors or to the Priority Advisor of the PSC responsible for their case.

• Previous Page
• Table of Contents
• Next Page