Common use of Severance, Retraining and Recall Clause in Contracts

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The Together with the layoff notice, the employee shall receive, together with his layoff notice, a listing of the current employees with less seniority list in order to review job possibilities with lesser senioritypossibilities. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' years seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one (1) of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year month to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year month to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positionspositions only. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one (1) of the following options and shall so indicate their his/her option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year month to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year month to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positionspositions only. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a16.4(a) above shall not exceed the time that would be required for the employee to reach their his/her maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their his/her option in writing within the time limit set out in Clause 13.3(a16.4(a) above shall be deemed to have taken the option under Clause 13.3(a)(116.4(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(116.4(a)(1) above shall sign a statement to the effect that, should the employee he/she be recalled to a regular position during the period covered by the severance pay, they he/she shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(216.4(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(216.4(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arisearise and, when recalled to an auxiliary position, shall receive the rate of pay pursuant to Clause 16.2. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e). (h) An employee recalled to or retrained for a regular position and subsequently laid off again shall have calculation of his/her entitlement under Clause 16.4(a) above based only on seniority accrued since the last appointment, but such amount shall not be less than the amount he/she did not receive previously.

Appears in 1 contract

Samples: Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one (1) of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year month to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year month to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positionspositions only. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1one(1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one (1) of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his their layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year month to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year month to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positionspositions only. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Agreement

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Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one (1) of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together with his layoff notice, a listing of the current seniority list in order to review job possibilities with lesser seniority. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year month to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year month to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positionspositions only. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a16.4(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a16.4(a) above shall be deemed to have taken the option under Clause 13.3(a)(116.4(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The Together with the layoff notice, the employee shall receive, together with his layoff notice, a listing of the current employees with less seniority list in order to review job possibilities with lesser senioritypossibilities. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary non-regular positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' years seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary non-regular positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary non-regular employees when appropriate auxiliary non-regular vacancies arise. If the recall to auxiliary non-regular position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary non-regular job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The Together with the layoff notice, the employee shall receive, together with his layoff notice, a listing of the current employees with less seniority list in order to review job possibilities with lesser senioritypossibilities. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary non-regular positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' years seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary non-regular positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary non-regular employees when appropriate auxiliary non-regular vacancies arise. If the recall to auxiliary non-regular position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary a non-regular job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Agreement

Severance, Retraining and Recall. (a) An employee who is to be laid off shall be entitled to one of the following options and shall so indicate their option in writing to the Employer within two (2) weeks of notification of layoff. Where no indication is given within one (1) calendar month, the employee will be deemed to have chosen option (1) below. The employee shall receive, together Together with his the layoff notice, the employee shall; receive, a listing of the current employees with less seniority list in order to review job possibilities with lesser senioritypossibilities. The employee shall be entitled upon request to also receive job descriptions for any of these job possibilities. (1) A severance pay calculated on the basis of: (i) one (1) month's current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months' salary and; (ii) one (1) additional month's current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months salary. This will be paid in full as soon after the date of layoff as administratively possible. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (2) A severance pay calculated on the same basis as outlined in Clause 13.3(a)(1) above, and paid by instalments on regular paydays at regular pay rate until the full amount of severance pay is paid. An employee exercising this option shall be eligible for recall to either regular or auxiliary positions. (3) Salary and benefit continuance excluding annual leave/annual vacation during period of retraining for employees with two (2) or more years' years seniority calculated on the basis of one (1) month's continuance for each year of seniority to a maximum of six (6) months. An employee exercising this option shall not be eligible for recall notwithstanding Clause 11.11. (b) Benefits under Clause 13.3(a) above shall not exceed the time that would be required for the employee to reach their maximum retirement age. (c) On or prior to the date of layoff the Employer shall advise the employee of the probability of recall to regular and/or auxiliary positions. (d) An employee failing to indicate to the Employer their option in writing within the time limit set out in Clause 13.3(a) above shall be deemed to have taken the option under Clause 13.3(a)(1) above. (e) An employee taking the option under Clause 13.3(a)(1) above shall sign a statement to the effect that, should the employee be recalled to a regular position during the period covered by the severance pay, they shall immediately repay to the Employer the proportionate amount of severance pay received, and that failure to do so shall be deemed just cause for dismissal. (f) An employee taking the option under Clause 13.3(a)(2) above and recalled to a regular position during the period covered by the severance pay shall immediately cease to receive any further instalment payments. (g) Subject to Clause 11.11, an employee taking the option under Clause 13.3(a)(2) above shall take precedence over auxiliary employees when appropriate auxiliary vacancies arise. If the recall to auxiliary position occurs during the period covered by the severance pay, further instalment payments shall be suspended during the period of work but, upon layoff again, shall resume until the full amount of severance pay is paid. Refusal of an auxiliary job offer shall be counted as one (1) decline under Clause 11.8(e).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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