DETERMINATION OF SALARY STEP

Transcription

1 FÉDÉRATION DU PERSONNEL DE SOUTIEN DE L ENSEIGNEMENT SUPÉRIEUR APPLICATION GUIIDE FOR COLLEGE SUPPORT STAFF MEMBERS DETERMINATION OF SALARY STEP ARTICLES , , AND Warning: This document is an attempt to simplify certain rights in the college support staff collective agreement: FPSES CSQ (C-7) The collective agreement, all provincial letters of agreement attached to this agreement and the legislation cited remain the only official texts. In case of doubt, contact your Union. 1

2 APPLICATION GUIDE FOR DETERMINING SALARY STEP TABLE OF CONTENTS WHO IS ENTITLED TO AN ADVANCEMENT IN SALARY STEP?.3 UPON ENGAGEMENT..3 Determination of salary step... 3 Recognition of pertinent experience... 4 Experience acquired in Recognition of additional schooling... 4 Examples... 5 DETERMINATION OF THE DATE OF AN ADVANCEMENT IN SALARY STEP... 6 CHANGE OF EMPLOYMENT CLASS... 6 IN THE COURSE OF A JOB... 7 Application for part-time employees... 7 Application for occasional and replacement employees... 7 Annual advancement in salary step... 8 o Examples... 9 Accelerated advancement (additional schooling) o Examples Determination of salary step with a promotion, transfer or demotion Appendix A Minimum schooling and experience required for each employment class in the College Support Staff Classification Plan

3 WHO IS ENTITLED TO AN ADVANCEMENT IN SALARY STEP? The articles related to advancements in salary step apply to employees who are regular; on probation; replacement and occasional employees. Employees who hold positions in administrative, secretarial, paratechnical and technical classes of employment, as well as security attendants, all have salary steps. The other classes of employment that apply to trades workers and maintenance workers are paid at a single salary rate. The student employee is paid at a single salary rate. UPON ENGAGEMENT DETERMINATION OF SALARY STEP WHEN HIRED When you are hired, the College must: assign you a class of employment from the College Support Staff Classification Plan based on the nature of the work you will be customarily and principally required to perform; integrate you into the salary scale or rate corresponding to the class of employment assigned to you, taking into account your schooling and years of experience. (clause ) Important It is your responsibility to provide proof of work performed for previous employers and all other documents which could be considered relevant at the time that you are hired (diplomas, or transcripts if you have not yet completed your studies). Don t forget to send copies to the Union. (clause ) Without these documents, the College is not required to recognize your schooling or experience even if you included such information in your résumé. When you are hired you will be paid at the 1st echelon of your class of employment if you possess only the minimum qualifications (schooling and experience) required by the Classification Plan. (clause ) 3

4 RECOGNITION OF EXPERIENCE Only previous experience which is relevant and acquired in a class of employment of an equivalent or higher level than the class of employment you were hired for can be used to increase your salary step. Based on criteria established by several arbitration cases, experience must be: immediately useful; of the sort that allows you to perform the functions for which you were hired with more ease and ability; relevant without having to be identical. The College must grant you one salary step for each year of experience which it deems to be relevant to your job. However, when you are first hired, the last fraction of the year of experience greater than nine months shall equal one year of experience. (clause ) Each situation is unique. If you have any doubts about your salary step, contact your Union. EXPERIENCE ACQUIRED IN 1983 When the government imposed working conditions with the adoption of a decree in 1983, it decreed that experience acquired in the Education Sector during the 1983 calendar year could not be counted for the purpose of determining salary step as long as the employee remains employed by the College or another establishment or organism in the Education Sector. (clause ) RECOGNITION OF ADDITIONAL SCHOOLING WHEN HIRED Article If you have successfully acquired more years of schooling than the minimum required for your class of employment in the Classification Plan, the College will grant you salary steps for each additional year of schooling (30 credits). Note: When you are hired, the years of schooling you have do not have to be relevant or directly related to your job. In Appendix A, you will find a listing of the schooling and minimum years of experience required by the College Support Staff Classification Plan. 4

5 Example 1 Administrative personnel with a general DEC You were hired in an office agent, an employment class which requires only a high school leaving certificate or a diploma of vocational studies, but actually have a cegep diploma (DEC) which is the equivalent of two years of schooling. Your diploma is not related to your job (DEC in human sciences). Q. What salary step will you be given when hired? A. You will be immediately placed at salary step five (5), even though you have no previous job experience. Example 2 Administrative personnel with a university degree You were hired as an office agent class I, an employment class which requires only a high school leaving certificate or a diploma of vocational studies, but you actually have a university certificate in administration (30 credits), even though you do not have a college diploma (DEC). Q. What salary step will you be given when hired? A. You will be immediately placed at salary step three (3), even if you have no previous work experience. Example 3 Technical personnel with a DEC You were hired as a technician (laboratory technician, for example), but you have a university certificate or a university degree. Q. What salary step will you be given when hired? A. If you have a university certificate of 30 credits, salary step 3, for two certificates (60 credits), step 5, for a degree, step 7. Example 4 Interpreters with a DEC You were hired as a visual language interpreter. You have a college diploma (DEC) with no experience. Q. What salary step will you be given when hired? A. According to the Classification Plan, the required qualifications are a DEC and two (2) years of experience. The College must place you at salary step one whether you have a general or technical DEC. Even though you do not possess the minimum qualifications, the College must award you your annual advancement in salary step as long as you meet the requirements of article Example 5 Interpreters without a DEC You were hired as a visual language interpreter. You do not have a DEC, but you do have two years of pertinent experience and a university certificate in interpreting or another university certificate. Q. What salary step will you be given when hired? A. In this case, the employer must still give you salary step 3, because your training is superior to the minimum required by the Classification Plan which is a college diploma (DEC). 5

6 DETERMINATION OF THE DATE OF AN ADVANCEMENT IN SALARY STEP The usual duration of a salary step is one (1) year. There are two possible dates on which salary steps can advance: January 1 and July 1. The date on which your salary step will advance is determined by the first of these dates to occur after at least nine (9) months have passed since the effective date of your hiring. (clause ) The table below indicates the date on which your salary step will advance depending on the month you were hired. Jan. Feb. Mar. Apr. May June Jul. Aug. Sept. Oct. Nov. Dec This date will remain the same unless you take an unpaid leave of absence or there is a break in your employment bond. You are a regular employee who took an unpaid leave of absence. According to the collective agreement, you will be entitled to an advancement in salary step as long as you have accumulated six (6) months worked or paid in the course of the year in question. Otherwise, the exemption clause could apply. You are an occasional or replacement employee whose contract ended. In this case, your file will be re-evaluated with each new hiring in order to determine your salary step, and the most recent hiring date will become the date used to determine future advancements. CHANGE OF EMPLOYMENT CLASS According to the collective agreement, a change of employment class shall have no bearing on the date of the advancement in step, whether this change is due to a temporary assignment or to acquiring a posted position. (clause ) Example I am an office agent I, salary step 4. My date of advancement is July 1. In the course of the year of reference, I was temporarily assigned to an office agent principal class position. Q. Am I entitled to my annual advancement in salary step in July even though I was temporarily classified as an office agent principal class? A. Yes. 6

7 IN THE COURSE OF EMPLOYMENT APPLICATION FOR PART-TIME EMPLOYEES According to the collective agreement, regular, occasional and replacement part-time employees are entitled to an annual advancement in salary step. (clauses and ) Q. As a part-time employee, are you entitled to the annual advancement in salary step? A. An arbitrator has already ruled on this question (SAE 5973), stipulating that part-time employees must have worked or been paid for six (6) months of part-time work, regardless of the days or hours actually worked, in order to be entitled to the annual advancement in salary step. You need to verify that you have completed a minimum of six (6) months of part-time service in the twelve (12) months preceding the date on which your salary step should advance. If you have, you are entitled to an advancement in salary step. If the College refuses to acknowledge this, contact your Union. APPLICATION FOR OCCASIONAL AND REPLACEMENT EMPLOYEES Clause According to the collective agreement, occasional and replacement employees are entitled to an annual advancement in salary step. (clauses and ) If you have worked or been paid for at least six (6) months during the 12 months preceding your date of advancement in salary step, you are entitled to your annual advancement in salary step. (clause ) Example Your contract in a certain employment class came to an end. A few weeks later, you were rehired by the College for another contract in the same employment class or in another employment class. Q. a) Does your period of six months of continuous work start over again? b) Are you entitled to an advancement in salary step? A. a) No, according to the Labour Standards Act, the fact that you were rehired within a reasonable amount of time does not interrupt your continuous service with the employer. Moreover, the collective agreement states in clause that a change in employment class has no bearing on your date of advancement in salary step. As a result, you continue to accumulate continuous service and experience with respect to your annual advancement in salary step. b) Yes, if you worked or were paid for six (6) full-time months or within the twelve (12) months preceding your annual advancement in salary step date. If your Employer does not grant you your annual advancement in salary step, contact your Union. 7

8 ANNUAL ADVANCEMENT IN SALARY STEP Advancement from one step to another occurs every year as long as you have worked or been paid for at least six (6) months in the twelve (12) months preceding the date of your advancement. (clauses and ) The table below lists events which, even though you did not work, will not prevent you from obtaining the next salary step. Work accident Disability (clause ) Preventive leave of the pregnant or nursing worker (clause ) Maternity leave (clause ) Adoption leave (clause ) Paid paternity leave (clause ) Unpaid paternity leave (clause ) Full or partial parental leave without pay (clause ) The entire period is counted. As long as you were paid by the College Or if you were paid by the CSST. The entire period during which an employee is paid salary insurance benefits by the College is counted. The entire period is counted. (clauses and ) The 21-week maternity leave period. (clause ) 21 weeks paid by the College or the QPIP if you are eligible for parental insurance 12 weeks paid by the College if you are not eligible for parental insurance 10 weeks paid by the College or by the QPIP 1 (clause ) A maximum duration of 5 working days paid by the College. (clause ) 3 or 5 weeks paid by the QPIP (clause ) The person accumulates experience for salary purposes during the first 52 weeks of parental leave without pay or partial leave without pay (clause ) Leave without pay Yes and no, depending on your time worked or paid within the year of reference. Otherwise, the exception clause needs to be applied in order to extend the period of reference. Sabbatical leave with deferred or anticipated salary Yes, while you are working and while you are on leave you are paid a percentage of your salary. (clause ) Loan of service The entire period is counted. (clause ) Person placed on availability The entire period is counted because the person s salary is protected by the College based on the number of hours of the position held by the person at the time of the placement on availability. (clause ) 1 QPIP Quebec Parental Insurance Plan. 8

9 Exception clause An employee who does not obtain an advancement in step on his annual date may obtain it six (6) months later if he can establish that on this date of annual advancement in step he completed six (6) months worked or paid during the preceding twelve (12) months. This date shall then become his date of annual advancement in step. Example 1 A person on disability You were on disability for more than six months during the year of reference. Your date of advancement in step is July 1. Are you entitled to your annual advancement in salary step? Q. a) If your period of disability was from February 1 to November 1? b) If your period of disability was from August 1 to March 1? A. Yes, because in both cases you received salary insurance benefits from the College during your disability. Example 2 A person on full or partial parental leave without pay You were on maternity, paternity or adoption leave and you requested a full or partial extension of this leave for eight months. Q. Are you entitled to your annual advancement in salary step? A. Yes, because the last paragraph of clause states that the person on parental leave accumulates experience for salary purposes during the first 52 weeks of a leave without pay or partial leave without pay. This provision recognizes your experience despite the fact that you did not accumulate six months of service in the year of reference. Example 3 Person participating in the sabbatical leave with deferred or anticipated salary plan Q. a) Are you entitled to your annual advancement in step during the period you worked and received a percentage of your salary? b) Are you entitled to your annual advancement in step for the period during which you were on leave? A. a) Yes, because you were receiving remuneration from the College. b) Yes, during your leave you were paid a percentage of your salary. (clause ) 9

10 Example 4 Person on preventive leave for the pregnant or nursing worker Q. Your treating physician has given you a medical certificate recommending preventive leave for the pregnant or nursing worker. The CSST recognizes this preventive leave and is paying you income replacement benefits (90% of your net salary). Are you entitled to your annual advancement in step? A. Yes, because the collective agreement stipulates that experience is accumulated during a preventive leave for the pregnant or nursing worker. (clauses and ) Example 5 Person on a leave of absence without pay Your date of advancement in step is July 1. You have been granted a leave without pay for a period of more than six months. Q. Will you be entitled to your annual advancement in step? a) If the leave is from February 1 to November 1? b) If the leave is from August 1 to March 1? A. First of all, your unpaid leave overlaps in two distinct contractual years. a) Yes, since you were on leave from February 1 to July 1, you had five (5) months of unpaid leave and seven (7) months of time worked or paid b) No, since you were on leave from August 1 to March 1, you had seven (7) months of unpaid leave within your year of reference. You did not accumulate six months worked or paid within this year of reference. You could, however, obtain your advancement in step on the following January 1 st as long as you have accumulated at least six (6) months worked or paid within the period of January 1 and the 12 preceding months. In this case, your new date of salary step advancement will become January 1. Example 6 Occasional employee who suffers a work accident at the College You are an occasional employee who suffers a work accident at the College and you do not have six (6) months of continuous service. You are receiving benefits directly from the CSST and not the College. Q. Are you entitled to an annual advancement in step? A. Yes, according to the Act Respecting Health and Safety and Occupational Illnesses, a person receiving CSST benefits loses none of his rights. 10

11 ACCELERATED ADVANCEMENT IN STEPS ACQUISITION OF ADDITIONAL SCHOOLING Clause The employee who has successfully completed studies can use this schooling to advance in salary step. An accelerated advancement of two (2) additional steps will be granted when you have successfully completed studies of a duration equivalent to one full-time year, provided that these studies are deemed directly relevant by the Employer and superior to the educational qualifications required by the Classification Plan for the class of employment to which you belong. Example 1 Q. You work in the accounting department, classified as an office agent I. You successfully complete a university certificate in administration (30 credits). Are you entitled to an accelerated advancement in steps? A. Yes, the College must award you two (2) additional steps when you present them with your certificate because the studies you pursued are directly related to your work and superior to the qualifications required by the Classification Plan. Example 2 Q. You are a laboratory technician and you have successfully completed the equivalent of a first year of a university degree or certificate (30 credits) in your field of specialization. Are you entitled to an accelerated advancement in steps? R. Yes, the College must award you two (2) additional steps when you present them with your documents because the studies you pursued are directly related to your work and superior to the qualifications required by the Classification Plan. In case of doubt, contact your Union. 11

12 DETERMINATION OF SALARY STEP WHEN AN EMPLOYEE IS: PROMOTED TRANSFERRED DEMOTED (Article ) What salary will you be entitled to if: you are temporarily assigned to another position? you obtain a posted position? A PROMOTION Based on your qualifications (schooling and experience), the Employer will grant you the most advantageous of the following situations: a) the salary step of your new class of employment which assures you an increase in salary at least equal to the difference between the first two steps in your new class of employment; b) the salary step in your new class of employment which corresponds to your years of relevant experience and schooling; c) maintenance of your salary. A TRANSFER Based on your qualifications (schooling and experience), the Employer will grant you the most advantageous of the following situations: a) the salary step in your new class of employment which corresponds to your years of relevant experience and schooling; b) maintenance of your salary. A DEMOTION If the demotion is a temporary assignment, your salary will be maintained. If you obtain a lower position which was posted, you will be integrated into the salary scale or rate of your new employment class based on your qualifications (schooling and experience). 12

13 Appendix A Minimum schooling and experience required for each employment class in the College Support Staff Classification Plan Administrative and secretarial personnel Steps or single rate Employment classes Schooling Experience steps Office agent class II SSD/DVS ---- steps Office agent class I SSD/DVS 1 year steps Office agent principal class SSD/DVS 6 years single rate Office assistant Sec. IV ---- steps Storekeeper class II SSD/DVS ---- steps Storekeeper class I SSD/DVS 2 years steps Secretary class II SSD/DVS ---- steps Secretary class I SSD/DVS or DEC 4 years or none Paratechnical personnel Steps or Employment classes Schooling Experience single rate steps Sports activity counsellor SSD ---- steps Laboratory attendant SSD ---- steps Sports and swimming leader SSD ---- single rate Day camp counsellor SSD ---- steps Offset duplicator operator DVS or 2 years steps Offset duplicator operator principal class DVS 4 years steps Data processing operator DVS 2 years steps Projectionist Card ---- Swimming pool supervisor Licence ---- Technical personnel Steps or Employment classes Schooling Experience single rate steps Interpreter DEC 2 years steps Administration technician DEC ---- steps Graphic arts technician DEC ---- steps Audiovisual technician DEC ---- steps Test bed technician DEC 5 years steps Certified aeronautics maintenance technician DEC Licence steps Aeronautics maintenance technician DEC ---- steps Documentation technician DEC ---- steps Special education technician DEC ---- steps Electronics technician DEC ---- steps Mechanical production technician DEC ---- steps Dental hygiene technician DEC ---- steps Information technician DEC ---- steps Data processing technician DEC ---- steps Data processing technician principal class DEC 4 years steps Building engineer DEC ---- steps Social work technician DEC ---- steps Laboratory technician DEC

14 Specialized trades and maintenance workers Steps or Employment classes Schooling Experience single rate single rate Trades helper single rate Domestic helper single rate General helper or kitchen general helper single rate Chief electrician Card single rate Residence caretaker DES single rate Light vehicle driver single rate Heavy vehicle driver single rate Cook class III DVS --- single rate Cook class II DVS 1 year single rate Cook class I DVS 4 years single rate Cabinetmaker DVS or card 1 year ---- single rate Electrician Card single rate Gardener years single rate Labourer single rate Millwright DVS or card 1 year ---- single rate Stationary engineer Card ---- single rate Carpenter DVS or card 1 year ---- single rate Certified maintenance worker DVS or card 3 years 2 years single rate Painter DVS or card 1 year ---- steps Security attendant SSD 1 year single rate Pipe mechanic Card 14