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

Section 24 Disposition versions

2024-04-03

24. In spite of the determination of a maximum for each salary class, the maximum salary which can be reached by an officer is established at 110% of the maximum rate of the salary scale in force including any additional remuneration related to continuing education, if any, in the health and social services sector for his profession where the new possible maximum is higher than the maximum of the salary class established for his position, provided that this profession is generally required for the position held. In such a case, the officer’s salary is not deemed to be outside the class.

For the purposes of the first paragraph, the following conditions must be met simultaneously:

(1)  the officer has reached the maximum salary class on 1 April;

(2)  the profession and the benchmark job, identified and determined by the employer, are required for the position held; where a profession contains only one title of the unionized job or unionizable job, that title becomes the benchmark job used by the employer;

(3)  the maximum for the salary scale of the profession and the benchmark job, increased by 10%, exceeds the maximum for the salary class of the position held by the officer;

(4)  the officer has the level of academic training required by the title of the unionized benchmark job or unionizable benchmark job corresponding to the required profession.

As of 7 November 2021, where an officer directly supervises more than 50% of a group of employees who have chosen an expanded regular work schedule in a given unit or department, authorized by the employer and provided for in the document entitled “Nomenclature des titres d’emploi, des libellés, des taux et des échelles de salaire du réseau de la santé et des services sociaux” tabled in the National Assembly on 15 December 2005 by the Minister of Health and Social Services as Paper No. 2575-20051215, the reference salary scale used for the purposes of the first paragraph is the salary scale of the profession and of the benchmark job related to that expanded regular work schedule.

In such a case, the first, second and third paragraphs apply on 1 April or on the date of annual individual salary increases as prescribed in section 3 of this Chapter. However, where an increase in the salary scale for his profession and benchmark job has the effect of reducing the gap in percentage established under this rule between the officer’s salary and the maximum of the salary scale in force for his profession and benchmark job including, if any, any remuneration related to continuing education, the officer’s salary shall be adjusted on the date of the increase in the salary scale in order to maintain the gap that existed on the day before the increase.

Where the rule provided for in the first paragraph no longer applies, the salary rules provided for in the second paragraph of section 20 apply, with the necessary modifications.

O.C. 1218-96, s. 24; M.O. 2013-006, s. 5; M.O. 2014-009, s. 4; M.O. 2024-007, s. 7.

2014-12-30

24. In spite of the determination of a maximum for each salary class, the maximum salary which can be reached by an officer is established at 110% of the maximum rate of the salary scale in force including any additional remuneration related to continuing education, if any, in the health and social services sector for his profession where the new possible maximum is higher than the maximum of the salary class established for his position, provided that this profession is generally required for the position held. In such a case, the officer’s salary is not deemed to be outside the class.

Where an officer of the nurse or respiratory therapist profession directly supervises a unit in which an increased schedule related to intershift overlap applies under a collective agreement or coordinates the unit’s evening, night, weekend or statutory holiday activities, the reference salary scale used for the purposes of the first paragraph is that of the profession related to that increased schedule.

In such a case, the preceding paragraphs apply on the date of annual individual salary increases as prescribed in section 3 of this chapter. However, where an increase in the salary scale for his profession has the effect of reducing the gap in percentage established under this rule between the officer’s salary and the maximum of the salary scale in force for his profession including, if any, any remuneration related to continuing education, the officer’s salary shall be adjusted on the date of the increase in the salary scale in order to maintain the gap that existed on the day before the increase.

O.C. 1218-96, s. 24; M.O. 2013-006, s. 5; M.O. 2014-009, s. 4.

2013-07-03

24. In spite of the determination of a maximum for each salary class, the maximum salary which can be reached by an officer is established at 110% of the maximum rate of the salary scale in force including any additional remuneration related to continuing education, if any, in the health and social services sector for his profession where the new possible maximum is higher than the maximum of the salary class established for his position, provided that this profession is generally required for the position held. In such a case, the officer’s salary is not deemed to be outside the class.

Where an officer of the nurse or respiratory therapist profession directly supervises a unit in which an increased schedule related to intershift overlap applies under a collective agreement, the reference salary scale used for the purposes of the first paragraph is that of the profession related to that increased schedule.

In such a case, the preceding paragraphs apply on the date of annual individual salary increases as prescribed in section 3 of this chapter. However, where an increase in the salary scale for his profession has the effect of reducing the gap in percentage established under this rule between the officer’s salary and the maximum of the salary scale in force for his profession including, if any, any remuneration related to continuing education, the officer’s salary shall be adjusted on the date of the increase in the salary scale in order to maintain the gap that existed on the day before the increase.

O.C. 1218-96, s. 24; M.O. 2013-006, s. 5.

2012-09-01

24. In spite of the determination of a maximum for each salary class, the maximum salary which can be reached by an officer is established at 110% of the maximum rate of the salary scale in force including any additional remuneration related to continuing education, if any, in the health and social services sector for his profession where the new possible maximum is higher than the maximum of the salary class established for his position, provided that this profession is generally required for the position held. In such a case, the officer’s salary is not deemed to be outside the class.

In such a case, this rule shall apply on the date of annual individual salary increases as prescribed in section 3 of this chapter. However, where an increase in the salary scale for his profession has the effect of reducing the gap in percentage established under this rule between the officer’s salary and the maximum of the salary scale in force for his profession including, if any, any remuneration related to continuing education, the officer’s salary shall be adjusted on the date of the increase in the salary scale in order to maintain the gap that existed on the day before the increase.

O.C. 1218-96, s. 24.