T-15.1, r. 2 - Regulation respecting the remuneration and other conditions of employment of the members of the Administrative Labour Tribunal

Schedule Disposition versions

2020-04-01

SCHEDULE II

(s. 3)

DETERMINATION OF INITIAL SALARY WHEN A MEMBER OF THE ADMINISTRATIVE LABOUR TRIBUNAL TAKES OFFICE

To establish the salary that must be used to determine the initial salary of a member of the Tribunal taking office, the following rules apply:

1. Taking into account the regular salary received from the previous employer by requiring an attestation of salary from that employer.

2. Establishing the income from self-employment taking into consideration

— a financial statement prepared by an accounting firm;

— a copy of the T4 or RL-1 slip stating the gains of the last required reference year or years required;

— a sworn statement whereby the candidate attests to the amount of his or her gains; or

— any other proof deemed acceptable and representative of the candidate’s income.

3. Excluding from the salaries, gains or income provided, any amount that is not regular, such as premiums, overtime pay or other similar gratuities.

4. Taking into account, to determine salary, only the income from the main employment, excluding income from casual employment.

5. Deducting, for candidates in the employ of the Gouvernement du Québec as a contractual or casual worker, the percentage of their salary intended to compensate for the absence of employee benefits, when such a percentage is provided.

6. If more advantageous, calculating the average of the income received during the 3 previous years that varies notably from one year to the next because that income is in the form of profit sharing or another form. The same applies to the regular salary received, in the event of variations in salary or changes in employment during the 3 previous years.

O.C. 704-2016, Sch. II; O.C. 160-2020, s. 9.

2016-08-04

SCHEDULE II

(s. 3)

DETERMINATION OF INITIAL SALARY WHEN A MEMBER OF THE ADMINISTRATIVE LABOUR TRIBUNAL TAKES OFFICE

To establish the salary that must be used to determine the initial salary of a member of the Tribunal taking office, the following rules apply:

1. Taking into account the regular salary received from the previous employer by requiring an attestation of salary from that employer.

2. Establishing the income from self-employment taking into consideration

— a financial statement prepared by an accounting firm;

— a copy of the T4 or RL-1 slip stating the gains of the last required reference year or years required;

— an affidavit whereby the candidate attests to the amount of his or her gains; or

— any other proof deemed acceptable and representative of the candidate’s income.

3. Excluding from the salaries, gains or income provided, any amount that is not regular, such as premiums, overtime pay or other similar gratuities.

4. Taking into account, to determine salary, only the income from the main employment, excluding income from casual employment or employment occupied outside regular working hours.

5. Deducting, for candidates in the employ of the Gouvernement du Québec as a contractual or casual worker, the percentage of their salary intended to compensate for the absence of employee benefits, when such a percentage is provided.

6. Calculating, over an average of a few years, the income that varies notably from one year to the next because that income is in the form of profit sharing or another form.

O.C. 704-2016, Sch. II.

Not in force

SCHEDULE II

(s. 3)

DETERMINATION OF INITIAL SALARY WHEN A MEMBER OF THE ADMINISTRATIVE LABOUR TRIBUNAL TAKES OFFICE

To establish the salary that must be used to determine the initial salary of a member of the Tribunal taking office, the following rules apply:

1. Taking into account the regular salary received from the previous employer by requiring an attestation of salary from that employer.

2. Establishing the income from self-employment taking into consideration

— a financial statement prepared by an accounting firm;

— a copy of the T4 or RL-1 slip stating the gains of the last required reference year or years required;

— an affidavit whereby the candidate attests to the amount of his or her gains; or

— any other proof deemed acceptable and representative of the candidate’s income.

3. Excluding from the salaries, gains or income provided, any amount that is not regular, such as premiums, overtime pay or other similar gratuities.

4. Taking into account, to determine salary, only the income from the main employment, excluding income from casual employment or employment occupied outside regular working hours.

5. Deducting, for candidates in the employ of the Gouvernement du Québec as a contractual or casual worker, the percentage of their salary intended to compensate for the absence of employee benefits, when such a percentage is provided.

6. Calculating, over an average of a few years, the income that varies notably from one year to the next because that income is in the form of profit sharing or another form.

O.C. 704-2016, Sch. II.