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Frequently Asked Questions - Work Force Adjustment Agreements

This document is being issued for information purposes. The Work Force Adjustment Directive or the work force adjustment agreements included as an addendum in some collective agreements must be consulted when dealing with a work force adjustment situation. In the event of a discrepancy between the information contained in this document and the provisions of the relevant work force adjustment agreement or Work Force Adjustment Directive, the relevant agreement or directive prevails.

Are you a public service employee who is or may be affected by a work force adjustment situation? Or perhaps you are a manager who is faced with a downsizing in your work unit?

Whether you are an employee or manager, facing a work force adjustment situation is challenging. Learn more about the work force adjustment process by consulting the Understanding work force adjustment section of the Frequently Asked Questions below.

The For Employees section may help answer some of the questions you have about a particular work force adjustment situation and the options available to you.

The For Managers section provides some helpful tips, advice and guidance for managers who are navigating through a work force adjustment situation in their own work unit.

You may also wish to consult the Other Resources section for links to other tools and resources that both employees and managers may find helpful.

Understanding Work Force Adjustment

General information

Q1. What is work force adjustment?

Work force adjustment is a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of:

  • a lack of work;
  • the discontinuance of a function;
  • a relocation in which the employee does not wish to relocate; or
  • an alternative delivery initiative.

The employee will be advised in writing that his or her services will no longer be required.

All indeterminate employees in a work force adjustment situation are subject to the provisions of the applicable work force adjustment agreement. The work force adjustment agreements form part of the collective agreements and have been negotiated with bargaining agents. Work force adjustment agreements outline the obligations of all parties when a work force adjustment situation occurs.

For more details regarding work force adjustment provisions, please consult the work force adjustment agreement in your collective agreement or the National Joint Council Work Force Adjustment Directive.

Q2. Do work force adjustment agreements apply to all employees?

With the exception of members of the Executive (EX) group and some senior-level groups that are subject to parts of the terms and conditions of employment of the EX Group, all indeterminate employees in the core public administration, both represented and unrepresented, are covered under work force adjustment agreements. Where Treasury Board is the employer, the agreements are included either as an addendum to collective agreements with bargaining agents (i.e. the Public Service Alliance of Canada, the Professional Institute of the Public Service of Canada and the Union of Canadian Correctional Officers), or as a National Joint Council Work Force Adjustment Directive.

Q3. I am a term employee or casual worker. How does work force adjustment apply in my situation?

Term employees are not subject to the work force adjustment agreements or the Work Force Adjustment Directive. Term employment is governed by the Term Employment Policy.

Casual workers are hired for short-term employment and are not covered by work force adjustment agreements or the Work Force Adjustment Directive.

Q4. I am an executive. Do the work force adjustment agreements apply to me?

An employee whose substantive position is in the Executive (EX) group and who is in a work force adjustment situation and employees of other senior-level groups that are subject to the terms and conditions of employment of the EX group are covered by the Directive on Career Transition for Executives.

Please see the Frequently Asked Questions on the Directive on Career Transition for Executives for more information.

Q5. I work for a separate agency. What work force adjustment provisions apply to me?

Certain employers named under Schedule V of the Financial Administration Act, including the Canada Revenue Agency, Parks Canada and the Canadian Food Inspection Agency, have their own work force adjustment agreements in their collective agreements.

Q6. What is the difference between work force adjustment agreements and the Work Force Adjustment Directive?

The provisions that apply to you depend on your occupational group. In most cases, employees are covered under a work force adjustment agreement that is included as an addendum to their collective agreement with bargaining agents. Those who do not have an addendum included within their collective agreement are subject to the National Joint Council Work Force Adjustment Directive.

Q7. I am an indeterminate employee in a work force adjustment situation. What do work force adjustment agreements offer me?

Indeterminate employees whose services are no longer required because of a work force adjustment situation will be offered one of the following:

  • A guarantee of a reasonable job offer; or
  • One of the following transition measures (no guarantee of a reasonable job offer):
    • Option A – 12-month paid surplus period
    • Option B – a lump sum payment called a transition support measure
    • Option C – a transition support measure plus up to $11,000 for tuition and other related fees

Your deputy head will be expected to provide a guarantee of a reasonable job offer to those employees affected by a work force adjustment for whom your deputy head knows or can predict employment availability in your department or in the core public administration. If you receive a guarantee of a reasonable job offer, you are considered a "surplus employee."

When a deputy head cannot offer a guarantee of a reasonable job offer, work force adjustment agreements contain provisions that outline other options available. Where no guarantee is made within the core public administration, depending on the applicable work force adjustment agreement, the employee will be accorded a period of either 90 or 120 days, called the opting period. During the opting period, employees must choose one of three possible transition support options described in Part VI – Options for Employees of the applicable work force adjustment agreement or Work Force Adjustment Directive. In these cases, the employee is considered an "opting employee."

Q8. What does "affected employee" mean in a work force adjustment situation?

An affected employee is an indeterminate employee who has been informed that his or her services may no longer be required because of a work force adjustment situation. An affected notice does not necessarily mean that the employee's position will be declared surplus. It signals that the organization is assessing which functions should be retained and which may no longer be required in the event that multiple employees are performing similar functions.

In cases where the services of all employees within a certain group or area are no longer required or a work force adjustment situation is very time sensitive, employees may not receive an affected notice and may instead be informed that their position has been declared surplus immediately.

There is no time limit on how long an employee may be "affected."

Q9. What is the difference between an affected employee and an employee whose position has been declared surplus?

During the early stages of a potential work force adjustment situation (while numbers, timelines, and other details are being worked out), an employee may be informed that he or she is an "affected" employee. If only some, but not all similar positions, will be eliminated, then management will determine which employees will be retained and who may be laid off. Consult the Public Service Commission's Guide on the selection of employees for retention and lay-off for more information on the selection and retention process.

Once employees are notified in writing that their services will no longer be required due to a work force adjustment situation, their position is declared surplus. At this stage, the employee will be notified in writing whether or not he or she will receive a guarantee of a reasonable job offer.

Q10. My work unit is being transferred to a separate agency or another level of government. Is this a work force adjustment situation?

In circumstances where departmental work is being transferred to a separate agency or outside the core public administration, employees are subject to provisions contained in Part VII of work force adjustment agreements or the Work Force Adjustment Directive that specifically address three possible types of alternative service delivery initiatives.

Q11. What happens if my substantive position is determined to be no longer required while I am on secondment or assignment?

You remain in your substantive position within your home organization while you are on assignment or secondment. If you are subject to a work force adjustment situation, you will be notified at the same time as your colleagues in your home organization. The notification letter will also indicate whether or not you will receive a guarantee of a reasonable job offer.

It is at your manager's discretion to request that you return to your substantive position until the date the position is discontinued.

Q12. What happens if my position is affected while I am on extended leave (e.g. maternity, parental or sick leave)?

In these situations, you will receive written notification at the same time as other affected employees. Generally, the decision as to whether or not to provide a guarantee of a reasonable job offer will only be made when you return to work at the end of your leave period.

Q13. My last performance appraisal said that there were areas in which my work needed improvement. Will this affect my going into a work force adjustment situation?

Each case must be looked at individually. In accordance with the Public Service Employment Act and Regulations, selection for retention or lay-off must be based on the employee's qualifications relative to the work to be performed, now and in the future.

Consult the Public Service Commission's Guide on the selection of employees for retention and lay-off.

Q14. Is work force adjustment just a way for managers to let go of people they do not like?

No, work force adjustment decisions are made in accordance with the Public Service Employment Act and the work force adjustment agreements. Selection for retention and lay-off is done in accordance with the Public Service Employment Regulations. Work force adjustment decisions need to ensure that employees are treated fairly and with respect in keeping with the Values and Ethics Code for the Public Service.

Q15. I hear that work force adjustment agreements offer some kind of buy-out. Is this true?

Indeterminate employees whose positions are identified as surplus and who are not provided a guarantee of a reasonable job offer may select from several options. One of these is referred to as the transition support measure and provides for a cash payment to compensate for involuntary departures.

Q16. What can I do if I do not agree with the decisions made for a particular work force adjustment situation?

You should speak with your manager about your concerns. If you are a represented employee, you may also want to speak with your union representative about your options.

Q17. Can employees grieve the decision to declare them surplus?

Employees may grieve any matter that falls within the scope of the collective agreement, including work force adjustment.

Please note that selecting an employee for lay-off may be the subject of a complaint to the Public Service Staffing Tribunal on the basis that it constituted an abuse of authority.

Q18. Is my union representative aware of what is going on?

In keeping with the work force adjustment agreements, organizations are obligated to inform senior officials of the responsible union(s). Organizations are also obliged to consult with unions, which may be done through labour-management consultation committees or joint union-management work force adjustment committees.

You may wish to speak with your local union representative to find out how he or she can assist you in a work force adjustment situation and to get more information about your rights under the applicable work force adjustment agreement or Work Force Adjustment Directive.

Reasonable job offers

Q19. What is a reasonable job offer?

A reasonable job offer is an offer of indeterminate employment to an employee in a surplus situation within the core public administration that is usually at an employee's current level, but which in some circumstances may involve a lower-level position appointment with salary protection.

Where feasible, such an offer will be made within the employee's local area, which is an area referred to as the employee's headquarters area as defined in the National Joint Council's Travel Directive and Relocation Directive.

In certain circumstances, however, a job opening in another location could be considered as a reasonable job offer since there is no certainty that a job will be found in a local area. An employee, who is declared surplus must be trainable, must cooperate in placement efforts and must not unduly restrict his or her mobility. Ultimately, it is the deputy head or his or her delegate who decides what is considered to be a reasonable job offer.

Q20. What is a guarantee of a reasonable job offer?

A guarantee of a reasonable job offer is a guarantee of an offer of indeterminate employment in the core public administration to an indeterminate employee in a work force adjustment situation. A guarantee of a reasonable job offer is provided by the deputy head.

Q21. How does a deputy head determine whether or not to provide a guarantee of a reasonable job offer?

Keeping in mind that employees are expected to be trainable and mobile, there are many other factors that deputy heads consider in deciding whether or not to provide an employee with a guarantee of a reasonable job offer, including:

  1. whether they know or can predict that employment will be available for the affected employee in the core public administration. This determination should be based on a number of factors, including:
    • the employee's qualifications and competencies;
    • opportunities within the department as well as more broadly within departments and agencies of the core public administration;
    • consideration of the current and anticipated number and types of priorities within the Priority Information Management Systems at the Public Service Commission.
  2. whether the skills of the employee are very specialized and retraining would be unreasonable (keeping in mind cost, time and the demand for certain types of skills in the future).

It should be noted that although geographic preferences of the employee are taken into account, there is no certainty that a reasonable job offer will necessarily match the employee's preference.

Q22. How long is a guarantee of a reasonable job offer in effect?

An employee who receives a written guarantee of a reasonable job offer remains in surplus status until he or she is either appointed to another indeterminate position, refuses a reasonable job offer and is laid off, or chooses to resign. Being provided with a guarantee of a reasonable job offer means that the employee will remain in surplus status until he or she has been provided with at least one reasonable job offer.

Employees may receive a reasonable job offer at any time. If an employee refuses a reasonable job offer, the employee will be laid off one month after the refusal, but not before six months from the start of his or her surplus declaration date.

Q23. What options do I have if I do not receive a guarantee of a reasonable offer?

If you do not receive a written guarantee of a reasonable job offer, you will be considered an opting employee and will instead be accorded in writing a period of either 90 or 120 days (depending on your collective agreement), during which to choose from one of three options:

  1. A 12-month surplus period during which to find another position; (you will be placed in the Priority Information Management System on a time-limited surplus priority list). If you are not appointed or deployed after the 12-month period, you are laid off and are eligible for severance pay at the rate of pay at the time of lay-off;
  2. An offer of a transition support measure, which is a lump sum payment tied to your years of service; or
  3. An offer of a sum equivalent to the transition support measure, plus an education allowance.

If you wish to explore alternation opportunities, you must do this during the opting period of 90 to 120 days and before you make your decision on one of the three options.

For more details on options, see the specific provisions contained in Part VI of the applicable work force adjustment agreement or the Work Force Adjustment Directive.

Q24. If I am not provided with a guarantee of a reasonable job offer, can I request an explanation?

Yes, if you submit a request in writing, your deputy head will provide you with an explanation of his or her reasons for not providing a guarantee of a reasonable job offer.

Q25. When extending a reasonable job offer, how wide is the geographic area considered for other positions?

Work force adjustment agreements state that, where practicable, a reasonable job offer will be located within the employee's headquarters area as defined in both the National Joint Council's Travel Directive and Relocation Directive. Departments will be expected to confer with Public Service Commission officials responsible for the Priority Information Management System to try to find jobs in employees' preferred areas of mobility, but employees are expected to be willing to move to where jobs are located.

Q26. Does a job offer from a separate agency such as the Canada Revenue Agency constitute a reasonable job offer?

Generally, a job offer from a Financial Administration Act Schedule V employer to a surplus employee is considered reasonable if the offer meets the criteria in the work force adjustment agreements or Work Force Adjustment Directive.

Q27. Can a secondment or an assignment opportunity constitute a reasonable job offer?

No, only indeterminate employment constitutes a reasonable job offer. That said, secondments and assignments may offer employees meaningful work during the period that they are in surplus status.

Q28. What is salary protection? Will I be entitled to salary protection if I accept a reasonable job offer at a lower-level position?

Generally, if you are a surplus employee or have been laid off and are appointed to lower-level position, you will have your original salary protected, in accordance with your collective agreement or applicable terms and conditions of employment.

Performance pay and certain allowances such as terminable allowances are not salary protected.

Alternation

Q29. I have heard about alternation. How does this process work?

Alternation enables someone who has not received a guarantee of a reasonable job offer and has been declared an opting employee to remain in the core public administration by exchanging positions with another employee, who is not affected, but is willing to leave the core public administration with a transition support measure or education allowance. If you have not received a guarantee of a reasonable job offer (and therefore, are an opting employee), you are eligible for alternation only during your opting period (either 90 or 120 days depending on your collective agreement).

Work force adjustment agreements specify that all departments must participate in the alternation process. It is important to keep in mind that it is up to management to decide whether to proceed with alternation. Considerations will include, for example, whether the alternation will result in retaining the skills and knowledge required to meet current and future needs of the core public administration.

For Employees

Opting employees

Q30. If I am an opting employee, what should I do during the period that I have to select one of the options?

During your opting period (either 90 or 120 days depending on your collective agreement) you can:

  • Talk to your manager and your union representative (if applicable) and ensure you understand all of the options.
  • Take advantage of the counselling offered.
  • Consider talking to a financial advisor to explore which option makes the most financial sense for you.
  • If you are interested in staying in the Public Service, consider alternation and speak to your manager about it.

Q31. What happens if I make my decision before the opting period is over?

Your decision must be submitted in writing within the opting period of either 90 or 120 days. If you select Option A (12-month surplus priority), the days left in your opting period that you did not use to make your decision can be added to your surplus period if you request this in writing.

Q32. If I select Option A (12-month surplus priority), how long will I have to find another job before I am laid off?

As an employee in surplus status who has chosen Option A (12-month surplus priority), you will be laid off if you have not found another position within 12 months from the date on which you are formally advised that this is the option you selected.

Q33. I was planning on retiring in a year's time, but now I have been advised that my position will be eliminated. I understand that in work force adjustment situations, employees are eligible for a pension waiver. Do I qualify for a pension waiver?

If you are covered by a work force adjustment agreement or Work Force Adjustment Directive and you retire, you may be eligible for a waiver of the pension reduction if the deputy head or their delegate certifies that all of the following conditions are met:

  • You are a surplus employee who has not received a reasonable job offer or a guarantee of a reasonable job offer.
  • You are between the age of 55 and 59 and have been employed in the Public Service for at least 10 years on the date you cease employment.
  • You have not received an educational allowance as part of a transition support measure.

Consult the Frequently Asked Questions – Preparing to Retire from the Federal Public Service for more information on retirement.

Surplus employees

Q34. Once I am advised that my position has been declared surplus, do I still have to come to work? Can I be assigned different work?

Yes, employees whose positions are declared surplus are expected to report for work. You may be asked to perform duties that are different from the ones you are accustomed to carrying out and for which you are qualified. You should also expect that you will be given sufficient time, tools and support to assist you in your search for alternate employment and you are encouraged to discuss this with your manager to determine what is appropriate.

Q35. Will I still get paid even though I am in a surplus situation?

If you have been given a guarantee of a reasonable job offer, you will continue to be paid until you are offered and accept a reasonable job offer. Note that if you refuse a reasonable job offer, you will be laid off, in which case you will be paid until you are laid off.

If you are an opting employee, you will continue to be paid until you are laid off or choose to resign from the Public Service (see the options afforded to opting employees).

Q36. If I am declared surplus, will I be able to find a position in my department?

Although jobs may be found internally for affected employees, sometimes this will not be possible. Employees may have to consider other options, such as employment in a different organization or sector.

Q37. My manager tells me that my position will disappear in six months' time, but I received a letter today notifying me that my position has been declared surplus. How can this be predicted in advance?

Business planning enables managers to predict how work requirements may change over time. It offers a means to anticipate which positions may no longer be required beyond a certain date (e.g. closure of a facility). Consequently it is not unusual for employees to receive a surplus notice before the work actually discontinues.

Q38. Will accepting an assignment or secondment affect my surplus status?

No, accepting an assignment or secondment will not affect your surplus status.

Q39. I have been in surplus status for several months and have not received any offers. What will happen to me if I do not receive a job offer?

As an active participant in finding alternate employment, you may need to re-examine your options or broaden your job search. If you are given a guarantee of a reasonable offer you will continue to be paid until you receive a reasonable job offer. You must seriously consider a reasonable job offer, and if you refuse it, you will be laid off.

If you are an opting employee, and you chose Option A (12-month priority surplus status), you have 12 months in which to find a job. Despite all efforts, if you do not receive a reasonable job offer during the 12 months, in accordance with the work force adjustment agreements, you will be laid off.

If your employment in the Public Service ceases because you are laid off, you will be entitled to be considered on a priority basis for 12 months for appointment to positions for which you may be qualified. Consult the Public Service Commission's website for more information about the lay-off priority entitlement.

Relocation and transfer

Q40. As an employee in surplus situation, will I be expected to relocate to another part of the country?

The work force adjustment agreements state that where practicable a reasonable job offer will be located within the employee's current location of work. The Public Service Commission will work with you to try and find you something in your preferred area of mobility; however, you are expected to be willing to move to where jobs are located.

Q41. My job is being moved to another city. Will I be expected to relocate with the position?

You will be given the opportunity to choose whether you wish to move with your position or be subject to a work force adjustment situation. You will have six months within which to make your decision. If you choose not to move with your position, you may be formally notified that you are in a work force adjustment situation.

Pay and benefits

Q42. What happens to my leave, including my annual leave, accumulated sick leave, family-related leave and personal day, when I leave the Public Service? Will I be cashed out?

If you are laid off or resign, annual leave and the one-time vacation leave that you have earned but not used at termination of your employment will be paid out at your current rate of pay as of your last day of work. Sick leave, family-related leave and personal days that were earned, but not used, are not paid out.

Q43. I cashed out some or all of my severance pay last year. Will I be eligible for severance pay if I am laid off?

Any amounts of severance pay that have already been paid out will be deducted from your severance package at the date of lay off.

Q44. If I am laid off, will I be eligible for Employment Insurance or the Canada Pension Plan?

Each situation is different and needs to be looked at individually. More information about Employment Insurance or the Canada Pension Plan, is available on the Service Canada website.

Q45. If I come back to the Public Service at some point in the future, will I have to pay back any payment I receive?

If you received a work force adjustment lump sum payment (including pay in lieu of unfulfilled surplus period, a transition support measure, an education allowance, retention payment or other payment as a result of an alternative delivery initiative under a work force adjustment agreement, or a lump sum payment under the Directive on Career Transition for Executives), you are required to declare that you have received such a payment if you return to the core public administration. You will be required to repay an amount corresponding to the period from the effective date of re-appointment to the end of the original period covered by the total of the lump sum payment. Other conditions may apply in specific circumstances.

Consult your departmental compensation advisor for more information.

Identifying job opportunities

Q46. What are my responsibilities/expectations under the work force adjustment agreements and directive?

Employees share in the responsibility for securing employment. This means that you are expected to actively participate in the employment search process (i.e. seek out employment opportunities with the Public Service, keep your CV up to date, prepare for interviews, etc). You should also be aware of the entitlements and obligations that apply in your situation and, in this regard, you will want to familiarize yourself with your work force adjustment agreement or the Work Force Adjustment Directive.

Q47. If employees are declared surplus, how can they improve their chances of finding employment?

Employees in surplus status who are seeking employment share the responsibility for actively participating in the employment search process. It is important that they provide timely information and be available for job interviews, keep their CV updated and give serious and thoughtful consideration to all job opportunities. Employees should be aware of their entitlements and obligations associated with their priority status and use departmental resources, such as managers, human resources advisors, and career counsellors.

Employees are also encouraged to explore opportunities through existing networks and resources, such as communities of practice and the Government of Canada's Jobs Marketplace.

Q48. How will I know about employment opportunities in other departments? Will they be posted somewhere?

If you have been officially notified that your position has been declared surplus, the Public Service Commission's (PSC) Priority Information Management System will notify you when you are referred to an organization for a possible indeterminate job opportunity. More information about priority administration and procedures is available on the Public Service Commission website.

Other mechanisms for learning about employment opportunities include networking through functional communities, the Jobs Marketplace, Job Opportunities on Publiservice and jobs-emplois.gc.ca.

Q49. How many jobs will I be considered for? When can I expect to get an offer?

It is impossible to predict how many jobs you will be considered for or when/if you might receive an offer.

Furthermore, if you have opted to be considered for alternate employment and keeping in mind that employees are expected to be trainable and mobile, there are several factors to be considered. For example, are there other government organizations in your local area? Do they have vacancies that correspond to your qualifications? Are your skills highly specialized? Are they skills that will be in demand in other organizations or in the future?

You will receive an offer only if a manager finds that there is a match between your qualifications and the position. Remember that under the work force adjustment agreements, surplus employees who refuse a reasonable job offer may be laid off.

Q50. I found some jobs that really interest me, but they are in different groups or at a lower level. Should I be considering these also?

If you are in a work force adjustment situation, you should be looking at opportunities at your current group and level first. Generally, you will find alternate employment at an equivalent level, but where this is not possible you may be eligible for other positions assuming you meet the essential requirements. If the positions are at a lower level you may qualify for salary protection.

Q51. There is a job that looks really interesting and I have most of the experience. I think that with some training I would be a perfect fit. Should I communicate my interest in being considered?

Yes. Employees in work force adjustment situations are encouraged to consider all job opportunities for which they believe they may be qualified. In addition, you should seek out on-the-job or other training that may enable you to qualify for known or anticipated vacancies. Start by speaking with your manager to learn more about training options.

Departments must make all reasonable efforts to re-train affected employees. See the provisions on re-training in the applicable work force adjustment agreement or Part IV of the Work Force Adjustment Directive.

Counselling, support and resources

Q52. Where can I go for advice about work force adjustment?

Your manager is an important source of information about work force adjustment. Ask your manager about the resources that are available, e.g. bulletins, websites, coordinators, the Employee Assistance Program (EAP), etc.

If you are a represented employee, you are also encouraged to speak with your union representative.

You should also familiarize yourself with the applicable work force adjustment agreement or the Work Force Adjustment Directive and ensure that you understand your responsibilities, obligations and entitlements.

Q53. Do I have access to any special counselling assistance if I have been designated as either affected or surplus under work force adjustment?

Work force adjustment agreements state that departments must inform and counsel affected and surplus employees as early and as completely as possible. For example, you may be provided with information about the work force adjustment agreement or directive, how the Public Service Commission's priority administration system works and your rights and obligations.

In addition, your department must assign a counsellor to work with you throughout the process.

Q54. Where can I find more information about priority administration?

Information about priority administration is available on the Public Service Commission website or from your human resources advisor in your department. You may also wish to consult your union representative.

Q55. Can I talk to my union representative about my situation?

Yes. You are encouraged to consult your union representative at any time.

For Managers

Managing a work force adjustment situation

Q56. What rules govern work force adjustment in the Public Service?

Decisions about work force adjustment are governed by the terms, conditions, roles and responsibilities articulated in collective agreements and the National Joint Council Work Force Adjustment Directive, the Public Service Employment Act and Public Service Employment Regulations, and guided by the Values and Ethics Code for the Public Service. Your senior management team will be able to provide you with guidance about how work force adjustment situations are being administered in your organization.

Q57. What should my key considerations be as a manager in a work force adjustment situation?

Generally speaking, you will want to consider the following:

  • your organization's integrated human resources and business plans
  • the current and future needs of your organization and the overall Public Service
  • the plans of your employee work force, i.e. retirement plans, career interests, etc.
  • the importance of maintaining lines of communication with senior management, employees, human resources and union representatives

Q58. I have to reduce the number of employees in my work unit. How do I make that decision?

There are a number of considerations, including whether employees are performing the same or different work. An important first step is to speak with your human resources advisor and senior management to ascertain how the situation will be handled in your organization, keeping in mind that decisions need to be fair, transparent and based on merit.

For more information, consult the Public Service Commission's Guide on the selection of employees for retention and lay-off.

Q59. What if employees ask if they are likely to be affected by downsizing in my organization?

The best approach is to avoid speculation or evasiveness. If your organization is undertaking changes or reviewing the way that work is performed, take the lead from your senior officials. They will be able to advise you when it is appropriate to have an informed discussion with your employees.

Q60. Should I be cancelling education or parental leave or calling people back from leave until the work force adjustment situation is concluded?

Different circumstances may apply depending on each employee's situation. Generally speaking, an employee whose position is affected should be notified at the same time as other employees in the work unit. Normally the decision about whether to provide a guarantee of a reasonable job offer will be made when the employee returns to work. Employees should not be asked to return to work prior to the end of their approved leave.

It is important to try to avoid uncertainty. Keep employees informed about what is going on even though they are absent from the office.

Q61. I have consultants and temporary help agency staff performing some work on a contract for my work unit. Should I be eliminating these contracts?

Under the work force adjustment agreements and directive, organizations are expected to review the use of alternate work situations (e.g. contracts, consultants, temporary help agencies, terms and all other non-indeterminate employees), and assess whether they represent an opportunity for placement of employees affected by work force adjustment.

Q62. Should I be budgeting for work force adjustment costs?

Costs resulting from the application of work force adjustment agreements will be covered by the responsible organization.

Managers are responsible for covering the salary of employees subject to work force adjustment as long as they remain on a manager's payroll. Managers may also be expected to cover some training, travel or other transition support measure costs.

You should consult your chief financial officer for clarification about your organization's practices and procedures in this regard.

Q63. Should I be assigning work to employees that are in a work force adjustment situation?

Yes, employees in a work force adjustment situation are expected to report to work. If the position has already ceased to exist, the employees may be assigned other duties for which they are qualified.

Employees should also be given adequate time, tools and support to assist them in their search for alternate employment.

Q64. Can a secondment or an assignment constitute a reasonable job offer?

No, only indeterminate employment constitutes a reasonable job offer. That said, secondments and assignments may represent a means to offer employees meaningful work during the period that they are in surplus status.

Q65. One of my employees subject to work force adjustment, is being considered for a position in another department, but needs training. Should he or she be provided the training?

Under the work force adjustment agreements and the Work Force Adjustment Directive, retraining is available to employees in the event that they are offered an appointment conditional on successful completion of the training. It is important for the responsible managers to determine the retraining needs and implications, e.g. time, duration and costs.

Departments must make all reasonable efforts to re-train affected employees. Consult the applicable work force adjustment agreement and Part IV of the Work Force Adjustment Directive for more information on retraining.

Q66. Some of the employees in my work unit do not have valid second language test results or may need some language training. How can I help?

Official language requirements are part of the essential qualifications and language training is governed by the policies on staffing bilingual positions and language training. Your human resources advisor or senior manager may be able to provide you with more information about these situations and how they are being addressed in your organization.

Q67. The work force adjustment agreements and directive speak about alternation. What are my roles and responsibilities as a manager regarding alternation?

Employees who are not in receipt of a guarantee of a reasonable job offer are eligible for alternation. Alternation enables an opting employee who wishes to remain in the core public administration to exchange positions with another employee who is not affected but is willing to leave the Public Service with a transition support measure or education allowance. Alternation can only take place during an employee's opting period (either 90 or 120 days depending on the collective agreement).

Management will want to be aware of which employees are interested in being considered for alternation. Management has discretion to accept a proposed alternation—or not—keeping in mind the need to retain the skills required to meet the ongoing needs of the position and of the core public administration. Alternations must result in the permanent elimination of a position.

Tip: Managers may wish to keep a list or inventory of employees who would be interested in an alternation if an opportunity presents in the future.

Q68. I am dealing with a disciplinary issue with an employee in my work unit. Should I stop because the individual may be declared surplus?

Discipline issues are distinct from work force adjustment situations. These issues should be dealt with separately, and managers may find it helpful to consult their human resources advisor.

Q69. How can I help employees in my work unit during a work force adjustment situation?

Work force adjustment can be a difficult situation for everyone, not only those whose positions may be declared surplus. Find out what's available in your organization in terms of support for your employees and for you, e.g. Employee Assistance Program, Informal Conflict Management System, coaching for managers about having difficult conversations, Canada School of Public Service offerings.

Q70. Where can I go for additional information about work force adjustment?

Deputy heads have primary responsibility for decisions related to work force adjustment in their organization. They are supported by their head of human resources.

In addition, the Office of the Chief Human Resources Officer, Treasury Board Secretariat, the Public Service Commission (PSC), and the Canada School of Public Service are available to assist by providing policy direction, overall coherence and information sharing, tailored learning and, in the case of the PSC, administering the priority administration system. For more information about these and other important resources, consult the Other Resources section below.

Employee notification

Q71. What process should I follow to implement and inform employees of a work force adjustment situation in my unit?

When managing a work force adjustment situation, it is important that you always consult the policies and procedures outlined in the relevant work force adjustment agreements or the Work Force Adjustment Directive. If you are conducting a selection and retention exercise, consult the Public Service Commission's Guide on the selection of employees for retention and lay-off.

It is important to work closely with your human resources advisor throughout the process and to keep lines of communication open with employees at all times. Also, be aware of the different reactions and concerns of employees, as they will differ depending on their situation.

Q72. Work in my unit will be phasing out over a period of time. Can I declare employees surplus today if I know that the work will be discontinued in the future?

Business planning enables managers to predict how work requirements may change over time. It offers a means to anticipate which positions may no longer be required beyond a certain date (e.g. closure of a facility). Consequently it is not unusual for employees to receive a surplus notice before the work actually discontinues.

Q73. Should I share information with employees about the manner in which decisions have been made?

Yes, once decisions have been finalized, it is important to be open and transparent. Managers should be prepared to explain their decisions. Keep in mind that employees who are not provided with a guarantee of a reasonable job offer can request a written explanation from the deputy head outlining the reasons for this decision.

Other Resources

Date Modified: 2012-04-16
 
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