Common use of Working Knowledge of Second Language Clause in Contracts

Working Knowledge of Second Language. (i) A lack of working knowledge of a second language should not bar an otherwise qualified applicant where such applicant shows willingness and demonstrates an ability on an objective basis to learn the second language. Such applicant must also agree that he/she will demonstrate a working knowledge of the second language within twenty-four (24) months, if appointed. The Employer and such applicant, if appointed, shall establish an education program to achieve this end, which may include evening courses, tutoring, as well as paid leave(s) of absence. The Employer agrees to pay for necessary courses and tutoring. (ii) The successful applicant shall be appointed but not transferred to the position until he/she can successfully demonstrate that he/she has attained the working knowledge of the second language (maximum period 24 months). In the interim period, the Employer shall offer the position to the next qualified candidate on the list who meets the language requirements of the position. (iii) If the working knowledge is not achieved by the end of the 24-month period, or if the employee finds himself/herself unable to attain the working knowledge, the position will be reposted and only candidates who can meet the language requirements will be considered re: this posting. (iv) Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position without loss of seniority and his/her salary will be adjusted to the appropriate rate in his/her former position.