Article 47 - Duration and retroactive application of the national provisions of the collective agreement
47.01
Subject to clauses 47.04 and 47.05, the national provisions of this collective agreement take effect on June 16, 2024, and remain in force until March 31, 2028.
47.02
Subject to clauses 47.03, 47.04 and 47.05, provisions of the preceding collective agreement continue to apply until the date on which this collective agreement comes into force.
47.03
The following provisions of the 2022-2023 collective agreement, which expired on March 30, 2023 or September 30, 2023, as the case may be, are extended until June 15, 2024:
1- the Letter of Agreement regarding employees working with clients in residential and long-term care centres, Maisons des aînés, or alternative seniors’ residences (Letter of Agreement No. 18);
2- the Letter of Agreement regarding employees working with clients who have severe behaviour disorders (Letter of Agreement No. 17);
3- the Letter of Agreement regarding employees with the job title of psychologist (Letter of Agreement No. 19);
4- the premium given to employees working in some sectors of the youth centre mission, as set out in Article 4 of Letter of Agreement No. 24.
47.04
Provisions regarding salary rates and scales take effect as of April 1, 2023. These provisions include the job-security allowance, disability insurance benefits including those paid by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) and/or the Société d’assurance automobile du Québec (SAAQ), sick days payable on December 15 each year, allowances provided under parental rights, the special provision for radiology technologists (Article 3 of Appendix 1), and the additional remuneration provided in Article 17 and in clause 5.02 of Appendix 1 and in the provisions for employees who are off the rate or off the scale.
The parties agree that there is no interruption to the accrual of hours actually worked for the purpose of the payment of the lump-sum amount between September 30, 2023, and the date on which the collective agreement comes into force, or for the purpose of applying clause 37.09 of this collective agreement.
Notwithstanding paragraph 5 of the first Article of Letter of Agreement No. 17 from the 2022-2023 collective agreement, the lump-sum amount is prorated to the number of hours accrued at the date on which the present collective agreement comes into force.
Despite the date of June 15, 2024, indicated in this clause (47.03), this provision is extended to June 8, 2024.
Premiums, financial compensation and supplements expressed as a percentage, as well as overtime and allowances under Article 19 of the 2022-2023 collective agreement that are extended under clause 47.02, are calculated according to the increased salary scales and rates, in accordance with the first paragraph of this clause (47.04).
Increases applicable to other premiums and supplements of the 2022-2023 collective agreement that are extended under paragraph 47.02 (excluding set premiums and the premiums, financial compensation and supplements expressed as a percentage that are covered by the previous paragraph) are applied as described in paragraph 9.16.
Part-time employees and employees who do not hold positions
For part-time employees and employees who do not hold positions, the amounts of retroactive pay ensuing from the application of this clause include the adjustment of remuneration for sick leave, annual vacation leave and statutory holidays, and days off viewed as floating days off, in accordance with the percentage rates provided in the collective agreement. This adjustment is calculated on the portion of the retroactive payment resulting from the adjustment of salary rates and scales.
47.05
The following provisions take effect as follows:
1- May 1, 2023: Remuneration for annual vacation leave for part-time employees stipulated in clause 38.03, to be actually taken starting May 1, 2024.
2- April 1, 2024: Employer’s contribution to the basic health insurance plan as stipulated in clause 30.14.
3- April 30, 2024: Acquisition of the quantum of annual vacation leave stipulated in the second paragraph of clause 23.03, to be actually taken starting May 1, 2024.
4- June 9, 2024: Letter of Agreement No. 19 regarding employees with the job title of psychologist.
47.06
Payment of salary based on the salary scales, and payment of premiums and supplements stipulated in the present collective agreement that have not changed in relation to the 2022-2023 collective agreement except for an increase in their rates, are to start no later than forty-five (45) days after the date on which the collective agreement is signed.
47.07
Payment of other premiums and supplements stipulated in the collective agreement is to start no later than one hundred and twenty (120) days after the date on which the collective agreement is signed. Retroactive amounts ensuing from these premiums and supplements are paid no later than one hundred and twenty (120) days after the date on which the collective agreement is signed.
47.08
Subject to the provisions of clause 47.09, retroactive amounts ensuing from the application of clauses 47.03 to 47.05 are payable no later than ninety (90) days after the date on which the collective agreement is signed. The retroactive amounts are paid in a separate instalment, accompanied by a document explaining the calculations in detail.
47.09
Employees whose employment ended between April 1, 2023, and the date on which retroactive amounts are paid have four (4) months from the date on which the list mentioned in clause 47.10 was received to apply for payment of the salary owed to them. If an employee has died, payment may be requested by their heirs or beneficiaries.
47.10
The Employer has three (3) months from the date the collective agreement comes into force to provide the Union with a list of all employees who have left their job since April 1, 2023, as well as their last known address.
47.11
The Letters of Agreement and Appendices to the collective agreement are an integral part of it.
47.12
Notwithstanding the provisions of clause 12.16 of the collective agreement, claims under clause 47.04 and the first paragraph of clause 47.05 may be accepted retroactively to the dates specified in these clauses.
47.13
The collective agreement is deemed to remain in effect until the date on which a new collective agreement comes into force.