Article 38 - Provisions regarding part-time employees and employees who do not hold positions
38.01
The agreement applies to part-time employees and employees who do not hold positions.
38.02
However, the salary of part-time employees and employees who do not hold positions is calculated and paid in proportion to the number of hours worked.
38.03
Remuneration for statutory holidays, annual vacation leave and sick leave for part-time employees and employees who do not hold positions is calculated and paid as follows.
a) Annual vacation leave
One of the following percentages:
| Years of service on April 30 | Number of working days of annual vacation leave | Percentage % |
|---|---|---|
| less than 15 years | 20 days | 8.77% |
| 15 years | 21 days | 9.25% |
| 16 years | 22 days | 9.73% |
| 17 years | 23 days | 10.22% |
| 18 years | 24 days | 10.71% |
| 19 years or more | 25 days | 11.21% |
The percentage is applicable on:
- salary;
- the salary the employee would have received if not for an unpaid absence for illness occurring while they were assigned to a position or an assignment;
- the basic salary on which maternity, paternity, adoption and protective leave allowances are calculated;
- the salary on which disability insurance benefits are calculated during the first twelve (12) months of a disability, including for employment injuries.
b) Statutory holidays
5.7% paid with each pay and applicable on:
- salary, and
- the salary the employee would have received if not for an unpaid absence for illness occurring while assigned to a position or an assignment;
1.27% paid with each pay and applicable on disability insurance benefits received during the first twenty-four (24) months of a disability.
In the case of an employee eligible for payment for June 24 under the National Holiday Act (CQLR, c. F-1.1), however, the Employer subtracts from the indemnity payable under this Act one-thirteenth (1/13th) of the amounts provided for herein that are paid during the twelve (12) months preceding June 24 inclusively. If the employee’s date of hiring falls within this twelve (12)-month period, the amount subtracted from the indemnity is equal to the amounts paid divided by the number of statutory holidays between the date of hiring and June 24 inclusively.
c) Sick leave
Instead of accumulating days of sick leave as stipulated in clause 30.31, part-time employees and employees who do not hold positions receive with each pay 4.21% of:
- salary;
- the salary they would have received if not for an unpaid absence for illness occurring while they were assigned to a position or an assignment;
- the basic salary on which maternity, paternity, adoption and protective leave allowances are calculated. However, the amount calculated during protective leave is not paid with each pay and is instead accumulated and paid at the same time as the annual vacation pay.
However, new part-time employees who work less than seventy per cent (70%) of full time, or employees who do not hold a position, receive 6.21% of the remuneration provided for in the first paragraph of 38.03 c) with each pay until they have completed three (3) months of continuous service.
Part-time employees and employees not holding a position who have chosen under clause 30.01 not to be covered by the insurance plans receive 6.21% of the remuneration provided for in the first paragraph of 38.03 c) with each pay.
38.04
Part-time employees and employees not holding a position who work in a psychiatric institution or in a psychiatric activity centre or wing of an institution and meet the conditions set out in Article 22 receive the fringe benefits stipulated in clause 38.03.
With each pay, they also receive monetary compensation for the floating days off in psychiatry. This compensation is equal to 2.2% of:
- salary;
- the salary they would have received if not for an unpaid absence for illness occurring while they were assigned to a position or an assignment;
- the basic salary on which the maternity, paternity, adoption and protective leave allowance are calculated. However, the amount calculated during protective leave is not paid with each pay and is instead accumulated and paid at the same time as annual vacation leave.
38.05
In accordance with the provisions of clause 9.05, evening- and night-shift premiums, shift rotation premiums and weekend premiums paid to part-time employees and employees who do not hold positions are not taken into account for the calculation of their fringe benefits.
38.06
Full-time employees who become part-time employees or employees not holding positions are entitled to sick leave accumulated under clause 30.31 until the date of the change. Sick leave that is not used is paid under clause 30.32; accumulated sick leave under clause 30.30 will be paid at the time of their departure in accordance with clause 30.30.