Article 35 - Prior experience

35.01 Definition of relevant experience

Employees are classified on the salary scale for their job title in accordance with their recognized relevant experience, established in accordance with the following:

1) For experience acquired in the health and social services sector, one (1) year of relevant experience means that an employee has completed one (1) year of work in one (1) or more institutions in the health and social services sector in Québec or Canada, and in an activity centre identical or comparable to the one in which they have been hired.

2) For experience acquired outside the health and social services sector since June 29, 2000, one (1) year of relevant experience means that the employee has completed one (1) year of work in the same or a comparable job.

3) For the purposes of this clause, any work which, in order to be performed, requires the employee in question’s specific qualifications and job training is considered to be of a comparable nature.

4) Any dispute about the value or comparable nature of experience acquired outside Québec or Canada is subject to the procedure stipulated in Article 11.

35.02 Calculation of experience for an employee who has been absent from work for five (5) years or more

An employee who has ceased to work in a job requiring their qualifications and job training for more than five (5) years and who has completed their probation period is classified on the basis of the number of relevant years of experience acquired, but may not be immediately classified in the top echelon of the salary scale under any circumstances.

35.03

Any dispute about the application of clause 35.02 is submitted to the procedure stipulated in Article 11.

35.04

One (1) year of relevant experience as defined in clause 35.01 is equivalent to one (1) year of experience for the purposes of classification on the basic salary scale, following the rules applicable to advancement on the salary scales.

35.05

Employees cannot be credited with more than one (1) year of experience per period of twelve (12) calendar months.

35.06 Experience of part-time employees and employees who do not hold positions

The experience of part-time employees and employees who do not hold positions is calculated on the basis of hours worked in relation to hours stipulated in their job title. Thus, for the purposes of calculating experience, one (1) full day of work equals 1/225th of a year of experience for an employee who has 20 days of annual vacation leave, 1/224th of a year of experience for an employee with 21 days of annual vacation leave, 1/223rd of a year of experience for an employee with 22 days of annual vacation leave, 1/222nd of a year of experience for an employee with 23 days of annual leave, 1/221st of a year of experience for an employee with 24 days of annual leave and 1/220th of a year of experience for an employee with 25 days of annual leave.

For the purposes of applying this clause, one day of annual vacation leave or one statutory holiday does not constitute one day of work, subject to the provisions of clause 35.05.

35.07 Proof of acquired experience

Employees must prove their relevant acquired experience as full-time or part-time employees or employees who don’t hold positions. They must provide the Employer with written attestation to this effect within sixty (60) days of being hired, failing which their acquired experience is only recognized from the date on which such proof is submitted.

The Employer undertakes to require proof of years of relevant experience as soon as an employee is hired, failing which the Employer cannot hold the time limit against the employee.

35.08 Exceptional circumstances

If it is impossible to submit written proof of relevant experience, employees may, after demonstrating that it is impossible, prove their experience by attesting under oath to all the relevant details as to the name or names of employers, dates of work and type of work.

35.09 Attestation of experience

Without prejudice to the rights of other employers, when employees leave the job, the Employer gives them written attestation of the experience credited to them while in the latter’s employ.

35.10 Specific provision

Notwithstanding the previous clauses, employees now in the service of the Employer and those hired in the future cannot be credited with experience acquired in 1983 for the purposes of classification on the salary scale.