Application of Retraining in Workforce Adjustment Situations within HRSDC

Definitions

Retraining is on-the-job training or other training (such as formal training, coaching and mentoring) intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the core public administration.

Retraining examples may include the registration of an employee to a course in order to obtain a specific technical knowledge (e.g. knowledge of the principles and practices of effective project management) or ability (e.g. ability to write briefing notes). Retraining could also constitute on-the-job coaching on a computer software or application.

Retraining provisions under WFA agreements do not include language training in the case of non-imperative staffing. Language training needs in the case of non-imperative staffing must be addressed outside WFA agreement retraining provisions.

Background

Under Work Force Adjustment agreements (WFA), affected employees, surplus employees and laid off persons are entitled to up to two years of retraining to facilitate their redeployment for existing or anticipated vacancies as identified by management.

Retraining provisions under WFA agreements do not apply to Executives. The Directive on Career Transition for Executives does not provide for the retraining of executives whose positions have been declared surplus and who opted to seek continued employment in the core public administration.

Eligibility

Affected Employee (is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of a work force adjustment situation)

An affected employee is eligible for retraining provided that:

retraining is needed facilitate the redeployment of the individual to existing vacancies or anticipated vacancies identified by management;
the employee is retrainable within a period of up to two years.

Surplus Employee (is an indeterminate employee who has been formally declared surplus, in writing, by his or her deputy head. Includes surplus employees with a guarantee of a reasonable job offer and opting employees who have selected option A – the time-limited 12-month surplus period).

Surplus employees are eligible for retraining provided that:

retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies where there is a shortage of qualified candidates;
there are no other available priority person who is qualified for the position; and
the employee is retrainable within a period of up to two years.

Laid-Off Person (is a person who has been laid off pursuant to subsection 64(1) of the Public Service Employment Act (PSEA) and who still retains an appointment priority under subsection 41(4) and section 64 of the PSEA)

A laid-off person is eligible for retraining provided that:

retraining is needed to facilitate the appointment of the individual to a specific vacant position;
the individual meets the minimum requirements set out in the relevant Qualification Standard for appointment to the occupational group concerned;
there are no other available priority person who is qualified for the position; and
the individual is retrainable within a period of up to two years.

Roles and Responsibilities

Appointing Organization

As a first step to retraining, the appointing organization must:

Identify existing and anticipated vacancies;
Determine essential qualifications required to perform the duties;
Assess the training needs as measured against the qualifications required for appointment to the prospective position (i.e. determine if retraining would in all likelihood provide the knowledge, skills, and/or experience lacking to meet the job requirements, based on the Statement of Merit Criteria, within a period of up to two years);
Consult their Human Resources Advisor and the home organization as needed.

If a surplus employee has been identified has being a suitable candidate for the position and management has determined that retraining can bridge the gap, the appointing organization must then:

Prepare a WFA retraining plan in collaboration with the home organization (refer to ‘’Retraining Plan Template’’). The retraining plan should contain the training objectives, the cost, the training methodology and duration of the program as well as the frequency and method of evaluation.
Ensure an assignment/secondment agreement is prepared as well as a written commitment to appoint the employee following successful completion of the training.
Assist the employee with on-the-job training.
Monitor the retraining activities and assess the employee against their training objectives as indicated in the WFA retraining plan.
Participate in the development of remedial action when interim formal assessment indicates the retraining objectives are not being met.
Appoint the candidate to the position at the end of the retraining period as per the retraining plan, providing the employee has successfully met the retraining objectives.

If the candidate does not successfully meet the retraining objectives at the end of the retraining period, the appointing organization should return the employee to his/her substantive position in the home organization for the remainder of the surplus period.

Home Organization

While on retraining, a surplus employee continues to be employed by the home organization. The home manager is responsible for funding all aspects of retraining initiatives including salary costs, unless the appointing organization is willing to absorb all or part of these costs.

The home organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the sub delegated officials of the home and appointing organization.

When a retraining plan has been approved for a surplus employee with a time-limited twelve-month surplus priority period,the surplus employee continues to be employed by the home organization, and the proposed lay-off date will be extended to the end of the retraining period.

Employees

Overall, employees will have a major role to play in the development of any retraining proposals and the final plan will be signed by the employee as well as by the retraining the senior managers from the home and appointing organizations.

The employee is responsible for:

Helping to identify and communicate training needs;
Providing proof of registration for all training activities;
Providing the results of any formal training taken to the appointing manager;
Actively participating in the learning activities identified in the retraining plan and providing on-going updates to the appointing manager and his/her home organization.

References

National Joint Council - Workforce Adjustment Directive

Treasury Board Secretariat - Collective Agreements - Work Force Adjustment Appendix