Key Elements of the Work Force Adjustment Directive

Display full size graphic

Flowchart Text Version

Workforce Adjustment

Department 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 or an alternative delivery initiative.

Written Notice of Relocation of a Work Unit

Employees have six months to decide if they wish to move with their position or to be treated as if they were subject to a work force adjustment situation (Section 3.1).

Employee Decides not to Relocate

Employee Decides to Relocate

NJC Relocation Directive Applies

Notification to Employer and Bargaining Agent(s)

1. Treasury Board Secretariat - Where 6 or more affected employees not less than 4 working days prior to notifying affected employees (subsection 2.1.2).

2. Bargaining Agent(s) - Not less than two (2) days prior to notifying affected employee (subsection 2.1.3). Consultation to continue with Bargaining Agent(s) throughout the WFA process (subsection 1.1.14).

A. Process for Lack of work or Discontinuance of a function WFA situations

Notification of Affected Status

An indeterminate employee receives notification that his/her services MAY no longer be required. The department will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not (subsection 1.1.40).

Voluntary Departure Program

If the Deputy Head cannot provide a guarantee of a reasonable job offer,

the department may establish a voluntary program where:

  • positions are being eliminated as a result of work force adjustments situations involving less than five affected employees working at the same group and level and in the same work unit.

the department shall establish a voluntary program where:

  • positions are being eliminated as a result of work force adjustments situations involving five or more affected employees working at the same group and level and in the same work unit.

If a voluntary program is established, it must meet the criteria referenced in subsection 6.2.3.

Official Notification of WFA Status

An indeterminate employee receives written notification that his/ her services will no longer be required or that the relocation of the work unit has been approved. (with a copy of the applicable Work Force Adjustment provisions) - (subsections 1.1.6, 1.1.7 and 1.1.8).

Surplus with - Guarantee of Reasonable Job Offer (GRJO)

Surplus Priority Status

Employee receives a letter giving him/ her surplus priority entitlements for appointment to other positions in the public service (PS).

  • Individual remains in surplus status until appointed to another indeterminate position, is laid- off or chooses to resign.

Individual Accepts RJO

  • If appointment to a lower level position, salary protected until appointed or deployed to a position with a maximum rate of pay equal to or higher than that of the surplus position
  • Also if to a lower level, a reinstatement priority for reappointment to a former level
  • If needed, retraining is provided (Part IV)

Individual Refuses RJO

  • Laid off but no sooner than 6 months from beginning of surplus period
  • One month lay-off notice required
  • Lay-off priority for 1 year
  • Severance pay at lay-off rate
  • No access to lump-sum amounts nor pension waiver

Opting Employee - No Guarantee of a Reasonable Job Offer (No GRJO)

Alternation Program

Employee may participate in an Alternation Program during the 120- day opting period. If the employee selects Option 6.4.1(a), the person may participate in the alternation program up to the end of the 12-month surplus period.

Transition Support Measure that is available to the alternate shall be reduced by one week for each completed week between the beginning of the employee’s surplus priority period and the date the alternation is proposed.

Opting Employee

Employee receives a letter from the Deputy Head and has 120 days to choose among Options 6.4.1(a), (b), or (c).

  • Employee must choose one of the three options and cannot change it once it is submitted.
  • If employee fails to select an option, Option (a) is deemed to be the selection option.
  • Employee is ineligible for Option (a), (b) or (c) if a RJO which does not require relocation is made during the option period and prior to the receipt of the employee's written choice.
  • Employee is entitled to a maximum amount of $1,200 for financial and job placement counseling services

Option (a) 12-Month Surplus Period in which to secure a reasonable Job Offer (RJO)

*may extend by remainder of 120-day opting period

Surplus Priority Status

Employee receives a letter giving him/ her surplus priority entitlements for appointment to other positions in the Public Service (PS).

  • 12-month time limit to find a RJO.
  • Pension Waiver if 55-59 years of age with at least 10 years of service (not have received an RJO and is laid-off).
  • Pay in lieu of unfulfilled surplus period may be authorized to a surplus employee who offers to resign before the end of the 12-month surplus period.
  • The lump-sum payment is equal to the surplus regular pay for the balance of the surplus period, up to a maximum of 6 months.
  • The amount cannot exceed the maximum that would have been received under Option (b).
  • Employee's work must be discontinued on resignation date.
  • Employee is ineligible for pay in lieu if a RJO has been refused during the surplus period.
  • Considered laid off for severance pay.

Individual Accepts RJO

  • If appointed to a lower level position, salary protected until appointed or deployed to a position with a maximum rate of pay equal to or higher than that of the surplus position.
  • Also if to a lower level, a Reinstatement Priority for reappointment to former level.
  • If needed, retraining is provided (Part IV).

Individual Refuses RJO

  • Laid off but not sooner than 6 months from beginning of surplus period.
  • One-month lay-off notice required.
  • Lay- off priority for 1 year.
  • Severance pay at lay-off rate.
  • No access to lump-sum amounts nor pension waiver.

No RJO received within 12 months surplus period

Lay-off notice at least 1 month before the scheduled lay-off date.

Lay-Off Priority Status

Employee receives a letter giving him/ her lay-off priority entitlements for appointment to positions in the core public service for one year following lay-off date. If applicable, eligible for Retraining, Salary protection or Reinstatement Priority Entitlements

Option (b) Transition Support Measure (TSM).

Cash payment based on employee's years of service in the Public Service.

Employee Resigns - Option (b) or (c)(i)

  • Lump-sum amount(s). The cash amount ranges from 4 to 52 weeks' salary (see collective agreement or WFAD). Individuals with 16-29 years of service get maximum amount.
  • Considered laid off for severance pay purposes.
  • Management establishes departure date.
  • Cannot be combined with any other payment under the WFAD/ WFAA.
  • Entitled to a maximum amount of $1,200 for financial and job placement counselling services (subsection 6.4.6).
  • Relinquishes any priority entitlements for reappointment.
  • Pension Waiver if 55-59 years of age with at least 10 years of service (not in receipt of a RJO and is laid-off). (applies to Option (b) only)
  • The TSM shall be paid in one or two lump-sum amounts over a maximum two-year period.

Option (c) Education Allowance

Cash payment equivalent to the TSM plus reimbursement of up to $17,000 for receipted expenses for tuition fees, costs of books, and relevant equipment

(c)(ii) - Employee requests leave without pay (LWOP) for a maximum of 2 years

  • Delay departure date and go on LWOP while attending learning institution - Note: Proof of registration required within 12 months of starting LWOP, otherwise deemed to have resigned from the PS and considered laid off for severance pay purposes.
  • Can continue to be a member of benefit plans by paying both the employer and employee's share to the plans and to the PS superannuation Plan.
  • At the end of the 2 years, the employee is laid off unless alternate employment is found.
  • 12 month lay-off priority status.
  • The TSM shall be paid in one or two lump-sum amounts over a maximum two-year period.

B. Process for a Relocation of a work unit:

Written Notice of Relocation of a Work Unit

Employees have six months to decide if they wish to move with their position or to be treated as if they were subject to a work force adjustment situation (Section 3.1).

Employee Decides not to Relocate

Deputy Head provides the employee with a guarantee of a reasonable job offer or access to options as set out in Section 6.4.

Employee Decides to Relocate

NJC Relocation Directive Applies