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

Section 104.3 Disposition versions

2012-09-01

104.3. A reinstated officer who has not obtained a position pursuant to section 108 or section 110 after a reinstatement period of 18 months may obtain or be reinstated in a position involving a weekly work load that is less than that of the position he previously held. The reinstatement may be with his employer or with another employer, in a position of officer, union member or unionizable non-member, on the following conditions:

(1)  An agreement is entered into by the officer and his employer if the reinstatement takes place with the original employer, or by the officer, his employer and the new employer if the reinstatement takes place with another employer. The agreement shall stipulate that the officer, for the remaining portion of his reinstatement period, shall not refuse without valid reason to provide the services requested by his original employer or his new employer, on the conditions stipulated in the third paragraph of section 95, for a number of hours corresponding to the number of hours in his original position, less the number of hours in his new position;

(2)  an officer who is reinstated with his original employer is required to apply for every position of officer, union member or unionizable non-member corresponding to his training and experience and involving a weekly work load that is at least equal to that of his original position. The officer must accept the position offered if it is a position of officer or, if it is a position of union member or unionizable non-member, he must accept it if reinstatement into such a position was provided for in his initial reinstatement plan, in accordance with subparagraph 2 of section 97.

An officer reinstated in this way shall receive, in the form of lump sum payments, the full difference between the salary he was receiving on the date of reinstatement and the salary paid to him in his new position. The lump sum payments shall be made in accordance with the terms and conditions set out in section 104.1.

T.B. 196312, s. 65.