Directive on Terms and Conditions of Employment for Certain Excluded/Unrepresented Employees

Ensures the sound, consistent, effective, and equitable administration of the terms and conditions of employment for persons occupying certain excluded and unrepresented positions across the core public administration, where the terms and conditions of employment of such positions differ from those provided in the relevant collective agreement, or in any other Treasury Board policy instrument related to employment terms and conditions.
Date modified: 2015-07-07

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Glossary

as and when required (selon les besoins)
Is the situation whereby a person with no assigned hours of work reports when needed and usually in response to an urgent need.
canadian forces (forces canadiennes)

Has the same meaning as "regular force" in the Public Service Superannuation Act.

casual worker (personne nommée à titre de travailleur occasionnel)
Is a person employed on a casual basis pursuant to the Public Service Employment Act.
collective agreement (convention collective)

is an agreement in writing, entered into under Part 1 of the Public Service Labour Relations Act between the employer and a bargaining agent containing provisions pertaining to terms and conditions of employment and related matters.

continuous employment (emploi continu)

Is one or more periods of service in the public service, as defined in the Public Service Superannuation Act, with allowable breaks only as provided for in the terms and conditions of employment applicable to the person.

continuous service (service continu)

Is an unbroken period of employment in the public service in the context of determining the rate of pay on appointment. Continuous service is broken when employment ceases between two periods of Public Service employment for at least one compensation day.

core public administration (administration publique centrale)

Refers to the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV of the Financial Administration Act.

deputy head (administrateur général)

Is in the context of this directive:

  1. in relation to a department named in Schedule I to the Financial Administration Act, its deputy minister;
  2. in relation to any portion of the federal public administration named in Schedule IV to the Financial Administration Act, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated by the Governor in Council in respect of that portion.
employee (employé)

Is, for the purpose of this directive, a person appointed to the core public administration.

enactment (édit)

Includes a regulation, order, directive or other instrument made under the authority of an act or other authority.

excluded employee (employé exclu)
Is a person who occupies a position that has been identified by the employer in accordance with the Public Service Labour Relations Act as not being represented by a bargaining agent because of the nature of the duties of the position.
excluded position (poste exclu)

Is a position identified by the employer in accordance with the Public Service Labour Relations Act as not being represented by a bargaining agent because of the nature of the duties of the position.

indeterminate (indéterminée)

Is the indefinite period for which a person is appointed.

management leave (congé de direction)

Is a leave with pay granted by the deputy head to compensate an employee who is exempt from overtime payment but is required by management to work excessive hours or work/travel on a day of rest or on a holiday.

manager (gestionnaire)

For purposes of this directive, the term "manager" is understood to mean "people manager", defined as: an employee who is accountable for exercising delegated human resources authority (i.e. staffing and/or labour relations delegation). In addition to ensuring business results are delivered and overall management functions are carried out, a manager leads people, recognizes and rewards achievement, manages performance, develops people, manages change and promotes corporate values, ethics, and culture of the organization.

overtime (heures supplémentaires)

Is authorized time worked by a person in excess of the standard daily or weekly hours of work and for which the person may be entitled to compensation pursuant to the provisions of the relevant collective agreement or terms and conditions of employment.

part-time (temps partiel)
Is the situation whereby a person is ordinarily required to work more than one third of but less than the normal scheduled daily or weekly hours of work established for persons doing similar work.
part-time worker (travailleur à temps partiel)
Is a person who is not ordinarily required to work more than one third of the normal scheduled daily or weekly hours of work established for persons doing similar work.
person with the delegated authority (personne ayant le pouvoir délégué)

Is a person identified under the departmental delegation of authorities instrument for the application and administration of the terms and conditions of employment.

persons appointed to the core public administration (personnes nommées à l'administration publique centrale)
Are persons occupying one of the following types of positions: indeterminate, term of three months or more, term of less than three months, casual worker, seasonal worker, as and when required, excluded, unrepresented, part-time, and part-time worker.
public service (fonction publique)

Has the meaning given to that expression in the Public Service Superannuation Act.

public service collective agreements implementation order (ordonnance d'application des conventions collectives dans la fonction publique)
Is the instrument by which deputy heads are authorized and directed to exercise and perform such powers and functions of the Treasury Board as may be required to give effect to and administer the provisions of a collective agreement.
relevant collective agreement (convention collective pertinente)

Is the collective agreement for the bargaining unit to which the person is assigned or would be assigned were the person's position represented or not excluded. For positions classified as PE and OM, the relevant collective agreement is that applying to the Program and Administrative Services Group. For positions classified as PO-IMA and PO-TCO, the relevant collective agreement is that applying to the Technical Services Group.

remuneration (rémunération)

Is pay and allowances.

royal canadian mounted police (Gendarmerie royale du Canada)

Has the same meaning as "force" in the Public Service Superannuation Act.

seasonal worker (travailleur saisonnier)
Is the term used for persons performing duties of a seasonal nature.
term of less than three months (période déterminée de moins de trois mois)
Is a specified period of less than three months for which a person is appointed pursuant to the Public Service Employment Act.
term of three months or more (période déterminée de trois mois ou plus)
Is a specified period of three months or more for which a person is appointed pursuant to the Public Service Employment Act.
unrepresented employee (employé non représenté)
Is a person appointed to a position that is not represented by a bargaining agent.
unrepresented position (poste non représenté)

Is a position that is not represented by a bargaining agent.

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