P021 Module1 Workforce Management and You. Canada School of Public Service │ 2 Objective Participants are able to apply the workforce

P021

Module1

Workforce Managementand You

Canada School of Public Service │ www.myschool.gc.ca 2

Objective

Participants are able to apply the workforce

directive in the context of a required

workforce adjustment.


What do YOU think?

Based on your knowledge and experience, what does workforce adjustment mean to you?


Strategic Planning(Strategy creation and management)

Tactical Planning(Initiatives Management-Infrastructure

and Processes)

Tactical Planning(Initiatives Management-

Infrastructure and Processes)

Workforce Reduction Implementation and

Ongoing Management

Communicate to employees, unions, TBS and PSC

Communicate and offer assistance, options and services to affected, surplus, opting employees as well as

non-affected and non-surplus employees.

Notify PSC as required

Update résumé, seek assistance, activate your network, advertise your qualifications,

share your interests, keep positive

Integrated HR and Business Planning

New vision, mandate, services, program orientation,

org structure, functions, accountabilities, delegations

Environmental Scan

TBS delegation instruments

MAF, RPP, DPR, PAA, MRRS, PMA, etc

Budget reductions, A base, EMS, Strategic and operational Reviews

Prime MinisterClerk of the Privy CouncilSpeech from the ThroneTreasury Board

Senior Managers

DepartmentalDM and ADMs

Ministers

DepartmentalSenior Managers and Managers

DepartmentalSenior Managers and Middle Managers

DepartmentalEmployee, Manager and Human Resources Office

DepartmentalManagers and Human Resources Office

Employability Maintenance/

Career Management


WFA Situation?

Work Force Adjustment (WFA) is a situation that occurs when the services of one or more indeterminate employees will no longer be required beyond a specified date due to one of the following reasons:

A lack of work;

The discontinuance of a function;

A relocation in which the employee does not wish to relocate; or

Implementation of an Alternative Delivery Initiative (ADI) initiative where the work is to be transferred to the private sector or to another level of government or to a separate employer in the Public Service, for example, a new federal agency.


Agreements on Work Force Adjustment

4 Agreements

NJC Directive;

Appendix to PSAC collective agreements;

Appendix to PIPSC collective agreements; and

Appendix to UCCO-SACC collective agreements (CXs)


7

Legal Authorities for Surplus and Lay-off Declaration

Public Service Commission

Public Service Employment Act (PSEA):

-S 64 gives deputy heads the authority to lay off employees in accordance with PSC regulations; and

-S 22 gives the PSC the authority to regulate the manner in which employees are to be laid off, and the means

of selecting these employees.

Public Service Employment Regulations:

-S 21 requires that selection for retention be based on merit, and that the remaining employees be advised that they are to be laid off.


8

Administrative Authorities and Delegated Authorities

Administrative Authorities Delegated Authorities

Work Force Adjustment Directive (WFAD);

Work Force Adjustment Appendix (WFAA)-in some of the Collective Agreements;

WFA decisions are delegated to the Deputy Head;

DH retains authority related to Ex and Leadership Development Program


9

Active Players-Roles and Responsibilities

Treasury Board Secretariat (TBS)/Office of the Chief Human Resources Officer (OCHRO)

Public Service Commission (PSC)

National Joint Council

Bargaining Agents

Work Force Adjustment Committee (WFAC)

Departments

Management

HR Directorate

HR Planning

Classification

Staffing

Labour Relations

Compensation

Pension

Counselling and EAP

Employees


10

In a workforce adjustment context what are the main responsibilities of an affected or surplus employee?


11

Employee’s right

To be advised in writing that his/her services are no longer required AND to be informed of entitlements:

Guarantee of a Reasonable Job Offer (GRJO) “Surplus” employee (confers a PS-wide priority status); OR

No Guarantee of a Reasonable Job Offer “Opting” employee: employee has 90 to 120 days*(as per the applicable WFA agreement) (“opting” period) to consider three options*

a.-12 month paid surplus period; OR

b.-A lump sum payment called Transition Support Measure (TSM); OR

c.-TSM plus up to either $7,000 or $11,000 for tuition and other related fees

Opting also entitles employees to between $385 and $600 for counselling


12

Reasonable Job Offer (RJO) An RJO is a written offer of indeterminate employment in the core public administration

may be at another location;

may be in another organization;

normally to a position at an equivalent or lower level paying job with salary protection.

The employee must be trainable and mobile.

A reasonable job offer is also a job offer from an employer listed in Schedule V of the Financial Administration Act (e. g. Canada Revenue Agency, Parks Canada), provided that:

a) the appointment is at a rate of pay and an attainable salary maximum not less than the employee’s current salary and attainable maximum

b) it is a transfer without interruption in benefits (sick leave credits, severance pay and accumulated annual leave credits)


13

Guarantee of a Reasonable Job Offer (GRJO)

When an employee receives a GRJO, he/she remains on paid surplus status and maintains a priority entitlement until:

• he/she is placed; or

• he/she chooses to resign; or

• he/she refuses an RJO.

When an employee refuses an RJO:

• employee can be laid off one month after;

• but not sooner than 6 months from the date of being declared surplus; and

• employee does not have access to any lump sum payments or waiver of pension penalty.


14

No Guarantee of a Reasonable Job Offer

Specific factors:

little probability of placement within the next 12 months.

employee is very specialized and retraining would be complicated and inappropriate;

activity level in the priority system;

the Core Public Administration no longer employs the skills of the employee in question;

work location is in a remote area with little federal government presence and the employee is not mobile; and


Work Force Adjustment

• Deputy Head decides that the services of one or more indeterminate employees will no longer be required due to: lack of work; discontinuance of function, relocation (where employee refuses to relocate); or alternative delivery initiative. • Deputy Head must determine which employees will receive a GRJO and which ones will become “opting” employees.

Employee with a GRJOOn surplus priority status until receives/accepts

a RJO, is laid-off or resigns.

Opting Employee – No GRJOEmployee has 90 to 120 days to choose one of three options depending on which agreement applies

Employee Accepts RJO• Removed from surplus priority status.

Employee refuses RJO• Laid-off but no sooner than 6 months from beginning of surplus period;•Layoff priority status (unpaid) for 1 year.

Option B: Transition Support Measure (TSM)• Employee resigns.• Receives cash payment of up to 52 weeks salary, based on years of service.

Option C: Education

Allowance • Cash payment equivalent to TSM plus education allowance of up to $11,000.• Employee resigns or takes leave without pay (LWOP) for up to 2 years to pursue education. • After LWOP, If no alternate employment is found employee is laid off with layoff priority status for 12 months (unpaid).

Option A: 12-Month Surplus Status to Secure a RJO •Receives/accepts RJO. • If does not receive/accept RJO, is laid (no sooner than 6 months) off with layoff priority status for 12 months (unpaid). •If no RJO received /accepted during layoff priority status, entitlement ceases. No longer an employee of PS.

Flow Chart- Work Force Adjustment Directive


Employee receives

Opting letter

Option 1: 12 month surplus status with priority

entitlement

Option 2: Transitional Support Measure

Option 3: Transitional Support Measure +

Education Allowance

Employee resigns from the PS, attends a recognized learning

institution and is reimbursed for eligible fees

Employee receives Surplus

letter with a GRJO

Employee can be

referred to positions within the

Department

Employee accepts a position during the

Affected Period

Employee becomes surplus priority and is referred to positions

across the PS

Employee receives

RJO

Employee accepts RJO

Employee refuses RJO

Employee is laid off and is entitled to layoff priority

status for 12 months

Employee takes LWOP for up to 2 years, attends a recognized

learning institution and is reimbursed for eligible fees

After 12 months

Employee is referred to positions across the PS

After LWOP period, employee is laid off and is

entitled to layoff priority status for a 12 month period

Employee accepts a job offer

After 12 months, priority

entitlement ceases

90 or 120

days to pick

option

Alternation Program: Employee exchanges positions with a non-affected employee willing to leave with TSM or Education

Allowance

DH decides which

employees will be

affected

DH decides which

employees are

surplus

DH decides which

surplus employees

will receive a

GRJO

• Work Force Adjustment Process Map


17

Who is entitled to retraining?


18

COMPENSATION AND BENEFITS

Salary Protection-Appointment to Lower Level PositionLeaving the Public ServiceWorking with an outside Employer or Rejoining the Public Service After

Cessation of EmploymentSeverance Pay on Leaving the Public ServiceLeave CreditsInsurance Benefits upon Lay-OffOther deductions such as Canadian or Quebec Pension Plan, Canada Saving

Bonds, SuperannuationWFA Lump Sum Payments, etc.


19

What your manager needs to tell you

Invite you to attend a meeting. As soon as possible (beginning / middle of the week)

Follow up session, if required

In confidentiality (closed door / private room / no interruptions)

Give you a letter that tells you about your status

Inform you about your status Give you time to read letter

Inform you of the basis of that decision

Give you time to ask questions

Support you Encourage you to renew and update you résumé

EAP, HR and Union coordinates Continue to inform you


20

Some Possible and Normal Employee reactions/needs

What are some of the possible reactions a given employee will experience upon receipt of a surplus letter? What are the employee’s needs at that moment?

Reactions Needs


21

Possible Employees Coping Strategies

Take a few minutes to identify some employee coping strategies that would work for you to help you overcome the reactions to a bad news.


22

Selecting employees for retention and lay-off

Process/Steps to be taken by management:

1. Determine the part of the organization that is affected;

2. Identify the similar affected positions and employees;

3. Determine the merit criteria and assessment methods;

4. Communicate decisions to employees;

5. Assess and select employees;

6. Communicate results to employees; and

7. Appoint the qualified employees


Organization Submits Request to PSC for Priority Clearance (through PIMS)

Priority person(s) identified

Search criteria accurate

Term positions

Indeterminate positions

PSC issues Automatic Clearance

PSC monitors org

search criteria

PSC issues clearanceOrg continues process

Org continues process

Priority NOT qualified Org continues process

OUT IN

Priority qualifiedOrg makes offer PSC rejects,

requestsmore info

PSC Issues clearance

Org assesses & reports to PSC---------------------------------------

PSC reviews

Org re-submits search with

correct criteria

PIMS Identifies Potentially Qualified Priorities in the Database

PSC refers to Org

Orgprovides additional

Info

PIMS provides names - PSC

Screens

PIMS provides

names - Org screens

No priority person identified

Search criteria inaccurate, org

cancels, submits new search

Priority person (s) Self-Refer

• Priority Search/Referral/Clearance


24

Why consider a Priority Person

It is not just the law, it is a corporate responsibility that crosses all federal organizational boundaries and all managerial and executive levels;

Appointing persons with priority entitlements assists the public service in retaining competent employees; and

Managers have access to a database of potentially qualified persons who can be appointed quickly and efficiently.


25

Order of Priority Entitlement

There is a ranked order to priority entitlements based on the legislation:

“Statutory” priority entitlements in the Public Service Employment Act take precedence over the “regulatory” priority entitlements found in the Public Service Employment Regulations; and

There is a further ranked order to the statutory priorities


Documents Required by the PSC

• PIMS Electronic Registration Form - consent form must be signed by the priority person and retained in organization’s file;

• Current CV;

• Letter advising you of your status (leave of absence, lay off, surplus, etc); and

• Other documents, including security clearance and language assessment results, should be retained on the organization’s file and may be requested by the PSC