S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 93 Disposition versions

2012-09-01

93. During the period preceding the elimination of the position or positions, the employer shall consult with the officers concerned on the measures to be taken to reorganize the employer’s staff, including adaptation, training, promotion, transfer, demotion, career reorientation, substitution of an officer affected by the operation by an officer not affected by the operation, with the same employer or another employer, and departure from the sector. The employer shall also consult with the officers and their representatives on the adaptation measures required for the proposed reorganization.

During this period, the employer shall reinstate an officer in a position of officer or senior administrator that corresponds to his training and experience and that involves a weekly work load at least equal to that of the position previously occupied by the officer, taking into account the normal requirements of the position to be filled and of the reinstatement plan where it is available. The officer shall accept the offered position. If the officer refuses the position, the employer may lay him off.

An officer who is reinstated with his employer before the elimination of his position shall be entitled, from the date of his reinstatement, to the same advantages as an officer whose position has been eliminated and who has been reinstated with the same employer.

An officer who is reinstated with another employer before the date on which his position is eliminated shall be entitled, from the date of his reinstatement, to the same advantages as an officer who has been reinstated with another employer after the elimination of his position.

Reinstatement under the second or fourth paragraph of an officer who is disabled, on parental leave, on leave without pay or on deferred salary leave shall come into force only on the date on which the period of disability or leave ends. Even though the replacement of a disabled officer becomes effective only at the end of the disability period, such an officer’s progressive return to work may take place in the position in which he or she is reinstated.

During that period, the employer shall ensure that an officer who is not reinstated or covered by a reinstatement benefits from the professional career transition services pursuant to section 78. The employer shall reimburse to the officer the travelling and living expenses incurred by his participation in such activities with the external resource retained by the employer to provide them and his authorized employment search activities.

O.C. 1218-96, s. 93; T.B. 196312, s. 59; M.O. 2007-007, s. 4; M.O. 2011-019, s. 24.