P021
Module1
Workforce Managementand You
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Objective
Participants are able to apply the workforce
directive in the context of a required
workforce adjustment.
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What do YOU think?
Based on your knowledge and experience, what does workforce adjustment mean to you?
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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
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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.
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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)
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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.
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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
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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
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In a workforce adjustment context what are the main responsibilities of an affected or surplus employee?
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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
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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)
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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.
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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
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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
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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
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Who is entitled to retraining?
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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