Article 5 - Employee file

5.01

 Upon request to the person in charge of personnel or the latter’s representative, employees may consult their file, alone or in the presence of a union representative. Upon written request to the person in charge of personnel, employees may obtain a copy of the documents in their personal file. Employees must list the documents they wish to obtain. With the employee’s written authorization, a union representative may also consult an employee’s personal file. An employee called in for a meeting with a representative of the Employer that pertains to the employee’s employment relationship or status, a disciplinary matter, or settlement of a grievance may demand to be accompanied by a union representative.

5.02

Any disciplinary warning must be transmitted to the employee in writing by an employer representative. It must describe the basic facts and reasons for the warning, failing which the warning cannot be used against the employee. Any such warning is placed in the employee’s file.

5.03

An employee’s personal file is kept up to date by the institution’s personnel department and includes:

• a) the job application form;
• b) the hiring form;
• c) copies of degrees, diplomas and attestations of study, as well as documents about experience acquired and/or recognized;
• d) all authorizations for deductions;
• e) applications for promotions, transfers or demotions, and notices of appointment to a position;
• f) formal and periodic appraisal reports, after a copy has been given to the employee and the report has been discussed with the latter;
• g) disciplinary reports and notices of disciplinary measures;
• h) notices of administrative measures set out in clause 5.08;
• i) separation notices;
• j) copies of work accident reports.

5.04

The Employer has four (4) days after suspending or dismissing an employee to give a written statement to the employee in person or send it to the latter’s last known address, confirming the basic facts and reasons for the employee’s suspension or dismissal.

5.05

The Employer has four (4) days from suspending or dismissing an employee to notify the Union of any suspension or dismissal.

5.06

Subject to Section 97.1 of the Act respecting labour standards (CQLR, c. N-1.1), any disciplinary warning or notice of suspension lapses, along with any previous notice concerning similar offences, if there is no similar offence on the employee’s part within twelve (12) months. This twelve (12)-month period is extended by the duration of any continuous absence longer than thirty (30) days. Notices that have lapsed are withdrawn from the personal file of the employee concerned.

The provisions of the preceding paragraph also apply to any disciplinary measure cancelled at the Employer’s initiative or after being contested.

5.07

The decision to impose a disciplinary warning, dismissal or suspension is communicated within thirty (30) days of the incident giving rise to it, or no later than thirty (30) days after the Employer becomes acquainted with all the facts relevant to the incident.

The limit of thirty (30) days stipulated in the previous paragraph does not apply if the decision to dismiss or suspend the employee is the result of certain repeated actions or chronic behaviour on the employee’s part.

5.08

An Employer who implements an administrative measure that affects an employee’s employment relationship permanently or temporarily, other than by a disciplinary measure or layoff, has four (4) calendar days to inform the employee in writing of the basic facts and grounds for the measure.

The Employer notifies the Union in writing of the measure imposed, within the period of time stipulated in the previous paragraph.

5.09

Any employee who holds a position must give the Employer at least fifteen (15) days’ notice before leaving.

The Employer may require an employee to sign a pledge to this effect at the time of hiring.