- To whom does Work Force Adjustment apply?
- What does WFA offer to an indeterminate employee in a WFA
situation?
- What is a reasonable job offer?
- What is salary protection? What does it mean in relation to
a reasonable job offer?
- What factors does the Deputy Head consider when determining
whether or not to extend a guarantee of a reasonable job offer?
- If a Deputy Head cannot provide an employee with a
guarantee of a reasonable job offer, will the Deputy Head provide the
reasons?
- How long will the guarantee of a reasonable job offer be in
effect?
- What WFA provisions apply to employees in situations where
no guarantee of a reasonable offer is extended?
- What WFA provisions apply when departmental work is being
transferred either to a separate employer or outside of the Public Service?
- When extending a reasonable job offer, how wide is the
geographic area considered for redeployment to other positions?
- Does a job offer from a separate employer such as the
Canada Revenue Agency constitute a reasonable job offer?
- What is alternation, and when is it possible?
- What about circumstances involving the relocation of a
work unit?
- What if an employee is on leave when a WFA situation
occurs in his or her department?
- What are the rights of a term employee in a Work Force
Adjustment situation?
- If employees are declared surplus, how can they improve
their chances of finding employment?
- What special counselling assistance is provided to
employees who have been designated as either affected or surplus under WFA?
- If employees return to the federal public service after
having received a Work Force Adjustment lump-sum payment, what rules apply?
Q1. To whom does Work Force Adjustment apply?
All indeterminate public servants, except for members of the executive (EX)
category, are covered under Work Force Adjustment (WFA) agreements. Where
Treasury Board is the employer, those agreements are included either as an
addendum to collective agreements with bargaining agents (e.g., PSAC, PIPSC), or
as a National Joint Council (NJC) Work Force Adjustment Directive. Certain
Schedule 2 employers, including the Canada Revenue Agency, also have their own
WFA agreements as part of their collective agreements.
Currently, there are no major differences in the content of WFA agreements.
All incorporate essentially the same provisions with respect to employee
notification procedures, support for employment continuity, retraining, the
offer of employment options, and special provisions with respect to alternate
service delivery initiatives.
There is, however, a difference in applicable grievance procedure—a
grievance concerning interpretation of the WFAD may be referred to the National
Joint Council (NJC) if it is not settled at the final level in a department. A
grievance concerning the interpretation of a WFA appendix (WFAA) is subject to
the “regular” departmental grievance procedure.
Q2. What does WFA offer to an indeterminate
employee in a WFA situation?
WFA agreements emphasize employment continuity. Every current WFA agreement
ensures that, whenever possible, indeterminate employees affected by Work Force
Adjustment are given every reasonable opportunity to continue their careers as
public servants.
Under WFA agreements, every indeterminate employee whose services are no
longer 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.
Provisions are also included to address circumstances in which the deputy
head makes a decision not to offer a guarantee of a reasonable job offer. Where
no guarantee is made within the Public Service, employees are deemed surplus and
are given access to one of three transitional support options.
Q3. What is a reasonable job offer?
A reasonable job offer is an offer of indeterminate employment within the
Public Service that is usually at the employee’s current level, but which in
some circumstances may involve a lower level position appointment with salary
protection.
Where feasible, such an offer will be made within the employee’s local area
(an area defined as the employee’s headquarters area in both the NJC’s Relocation
Directive and the Travel Directive). The department will try to
match the employee’s skills, experience, interest, and preferred area of
mobility with the reasonable job offer.
In certain circumstances, however, a job opening in another location could be
considered as a reasonable job offer, since there is no guarantee that a job
will be found in a local area. An employee who is declared surplus must be
trainable, must cooperate in placement efforts, and must not unduly restrict his
or her mobility.
Q4. What is salary protection? What does it mean in
relation to a reasonable job offer?
Surplus employees and laid-off persons appointed to lower level positions
under WFA agreements have their original salary protected, in accordance with
their collective agreements. As such, the salary of the appointee is protected
until such time as that person is appointed to a position equivalent to the
maximum rate of pay of his or her previous substantive position, or until the
person refuses an offer of appointment equivalent to the maximum of the former
group and level, usually within the same geographical area. Salary protection
will continue, even if the employee voluntarily leaves the position to accept an
equivalent or higher position not yet at the former level.
Q5. What factors does the Deputy
Head consider when determining whether or not to extend a guarantee of a
reasonable job offer?
Deputy Heads usually only consider exemptions from offering a guarantee of a
reasonable job offer in situations where it is unlikely that another position in
the Public Service will be found for an affected employee within a one-year
period.
Exemptions from the guarantee would usually occur where:
- the Public Service is no longer employing the skills of the affected
employee;
- the skills of the affected employee are very specialized, and retraining
would be onerous or inappropriate; or
- the work location is in a remote area with little federal government
presence.
Q6. If a Deputy Head cannot provide an employee
with a guarantee of a reasonable job offer, will the Deputy Head provide the
reasons?
On the request of the employee, the Deputy Head will provide his or her
reasons for not providing a guarantee of a reasonable job offer.
Q7. How long will the guarantee of a reasonable job
offer be in effect?
An employee who receives a guarantee of a reasonable job offer remains in
surplus status until he or she is either appointed to another indeterminate
position, is laid off, or chooses to resign. Being provided with a guarantee of
a reasonable job offer means that the employee will remain surplus until he or
she has been provided with at least one reasonable job offer.
Employees could receive a reasonable job offer as soon as the first day of
their surplus period, or later, since there is no time limit. If an employee
refuses a reasonable job offer, the employee can be laid off, providing the
layoff occurs no sooner than six months from the start of his or her surplus
status.
Q8. What WFA provisions apply to employees in
situations where no guarantee of a reasonable offer is extended?
Employees who do not receive a guarantee of a reasonable job offer are given
120 days to choose from one of three options:
- a 12-month surplus period during which to find another position;
- an offer of a transition support measure (TSM), which is a lump-sum
payment tied to years of service; or
- an offer of a sum equivalent to the TSM, plus an education allowance of
$8,000.
For more details, see the specific provisions contained in Part VI of WFA
agreements. It should also be noted that certain additional provisions apply in
cases where a employee is designated affected as the result of a decision
involving the Relocation of a work unit. Those provisions, referenced in
question 13 below, are contained in Part III of WFA agreements.
Q9. What WFA provisions apply when departmental
work is being transferred either to a separate employer or outside of the Public
Service?
In circumstances where departmental work is being transferred to a separate
employer or outside of the Public Service, employees are provided access to
provisions specifically addressing three possible types of alternative service
delivery initiatives. Employees affected by a decision to transfer any work,
undertaking, or business of the Public Service to any body or corporation that
is a separate employer or that is outside of the Public Service are given access
to specific provisions tailored to address the type of employment arrangement
being offered. For details, see the specific provisions contained in Part VII of
WFA Agreements.
Q10. When extending a reasonable job offer, how
wide is the geographic area considered for redeployment to other positions?
WFA agreements state that, where practicable, a reasonable job offer will be
located within the employee’s headquarters area, as defined in the NJC’s Travel
Directive and the Relocation Directive. Departments will be
expected to confer with PSC officials responsible for the Priority
Administration System to try to find jobs in employees’ preferred areas of
mobility, but employees are expected to be willing to move to where jobs are
located.
Q11. Does a job offer from a separate employer
such as the Canada Revenue Agency constitute a reasonable job offer?
The terms and conditions of a job offer from a separate employer referenced
in Part VII of WFA provide the basis for determining the type of offer being
extended by the separate employer. There are three types of offer referenced in
Part VII of WFA agreements: Type I and Type 2 offers are deemed to constitute a
reasonable job offer. For greater certainty, see the three different types
referenced in WFA, Part VII.
Q12. What is alternation, and when is it possible?
Alternation refers to a provision within the WFA agreements wherein an opting
employee who wishes to remain in the Public Service exchanges positions with a
non-affected employee willing to leave the Public Service with a TSM or an
educational allowance. An opting employee is an individual who has not received
a guarantee of a reasonable job offer who has 120 days to select one of the
three transition-support options provided to opting employees.
Under these circumstances, the following conditions apply:
- Alternation is to be applied like any other collective agreement
provision.
- All departments must participate in the alternation process.
- The process is limited to the opting employee’s opting period (120
days).
- The opting employee must meet the position requirements of the unaffected
position.
- The potential exists for quick placement and savings, where matches work.
- Alternation must occur on a specified date agreeable to the department.
No “future considerations” can be arranged.
Q13. What about circumstances involving the
relocation of a work unit?
If an employee is declared affected because his or her work unit is to be
relocated to another area beyond what is considered to be normal commuting
distance, WFA agreements provide that the employee will be accorded a six-month
period during which to decide whether or not the employee wishes to move with
the position or to be declared surplus.
The letter forwarded to the employee declaring the employee affected would
also advise as to whether a surplus declaration includes a guarantee of a
reasonable job offer, or the offer of options as contained in WFA, Part VI. It
is possible at some point that the employee’s relocated position could be
offered to the employee as a reasonable job offer, in the event that other
employment cannot be found in the employee’s preferred location.
Q14. What if an employee is on leave when a WFA
situation occurs in his or her department?
If an employee is away on leave without pay, and if the employee’s position
has not been staffed indeterminately, the employee will be notified about a WFA
situation at the same time as other affected employees. Subsequent decisions as
to whether a guarantee of a reasonable job offer or access to the WFA options is
to be extended will only be made when the employee returns to work at the end of
the leave period.
If an employee has been on leave without pay for more than one year, and if
the employee’s substantive position has been indeterminately staffed behind
them, then the employee is accorded a Leave of Absence Staffing Priority. There
is no application of WFA in that circumstance.
Q15. What are the rights of a term employee in a
Work Force Adjustment situation?
Work Force Adjustment circumstances and rules vary by organization. Section 7
of the Treasury Board’s Term Employment Policy contains details on
notice and time counting towards indeterminate employment in those organizations
subject to the TB policy (PSSRA 1-1). Separate employer organizations have their
own policies on term employment, which may differ from the Treasury Board
policy. More information regarding Work Force Adjustment in a specific
organization can be obtained from the local manager or human resources advisor
concerned.
Q16. If employees are declared
surplus, how can they improve their chances of finding employment?
Employees who are seeking redeployment share equally in the responsibility
for resolving their situations. This means that they should actively participate
in the redeployment process. It is important that they provide timely
information and be available for job interviews, and that they give serious and
thoughtful consideration to all job opportunities. Employees should be aware of
their entitlements and obligations associated with their priority status, and
they should use departmental resources such as managers, HR advisors, and the
Career Transition Centres.
Q17. What special counselling assistance is
provided to employees who have been designated as either affected or surplus
under WFA?
The various WFA agreements state that departments must inform and counsel
affected and surplus employees as early and as completely as possible.
In addition, departments must assign a counsellor to each opting employee,
surplus employee, and laid-off person to work with them throughout the process.
Such counselling is to include explanations and assistance concerning:
- the WFA situation and its effect on that individual;
- the WFA directive;
- the PSC's Priority Administration System and how it works from the
employee's perspective;
- preparation of a curriculum vitae or resume;
- preparation for an interview with the PSC;
- the employee's rights and obligations;
- the employee's current situation (e.g., pay, benefits such as severance
pay and superannuation, classification, language rights, years of service);
- alternatives that might be available to the employee (alternation,
appointment, relocation, retraining, lower-level employment, term
employment, retirement including possibility of waiver of penalty if
entitled to an annual allowance, transition support measure, education
allowance, resignation, accelerated lay-off);
- the likelihood that the employee will be successfully appointed;
- the meaning of a guarantee of reasonable job offer, a 12-month surplus
priority period in which to secure a reasonable job offer, a transition
support measure, or an education allowance;
- the Human Resources Centres and their services (including a recommendation
that the employee register with the nearest office as soon as possible);
- preparation for interviews with prospective employers;
- repeat counselling as long as the individual is entitled to a staffing
priority and has not been appointed; and
- advice provided to the employee that refusal of a reasonable job offer
will jeopardize both chances for retraining and overall employment
continuity.
Q18. If employees return to the federal public
service after having received a Work Force Adjustment lump-sum payment, what
rules apply?
If employees receive a Work Force Adjustment lump-sum payment (including pay
in lieu of unfulfilled surplus period, a transition support measure, or an
education allowance under a WFA agreement, a lump-sum payment under the
Executive Employment Transition Policy, or a top-up allowance, retention payment
or a special payment as a result of an Alternative Delivery Initiative under a
WFA agreement), they are required to declare that they have received such a
payment, should they seek to return to the Public Service. They will be required
to repay an amount corresponding to the period from the effective date of
re-appointment to the end of the original period covered by the total of the
lump-sum payment. Other conditions may apply in specific circumstances.
Employees are advised to consult their compensation advisor for more
information.
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