Terms and conditions of employment for students

1.0 Application

1.1 These Terms and Conditions apply to all persons engaged under the NRC Student Employment Program (SEP) or the NRC Co-Op Student Program (Co-op).

1.2 Where there is a conflict between these Terms and Conditions and the Terms and Conditions for Supplementary Workers, these Terms and Conditions apply. For clarity, where provisions contained in the Terms and Conditions for Supplementary Workers are not included in these Terms and Conditions, they do not apply to students.

2.0 Legal status

2.1 Students are subject to the Financial Administration Act and the Government Employees Compensation Act, however, they are not subject to the Public Service Labour Relations Act, and are not eligible for internal competitions while they are working as students.

3.0 Pay

3.1 A student assigned under either SEP or Co-op is entitled to be paid for services rendered at the appropriate rates as per Appendix A - Students rates of pay.

4.0 Hours of work (full-time)

4.1 The normal scheduled work week shall be thirty-seven decimal five (37.5) hours from Monday to Friday inclusive, and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a lunch period, normally between the hours of 07:00 hours and 18:00 hours daily with Saturdays and Sundays as days of rest.

4.2 Notwithstanding 4.1 above, where operational requirements so dictate, the Council may schedule hours of work in a different manner so that a student works an average of 37.5 hours per week; and works an average of 7.5 hours per day, exclusive of a minimum 30 minute meal period.

4.3 Except where operational requirements do not permit, the Council shall schedule two (2) rest periods of fifteen (15) minutes each per scheduled working day..

4.4 The Council will endeavor not to schedule the commencement of a shift within eight (8) hours of completion of the student's previous shift; and to avoid excessive fluctuation in hours of work.

4.5 A student's scheduled hours of work shall not be construed as guaranteeing minimum or maximum hours of wor.

5.0 Overtime

5.1 In the case of a full time student, overtime means authorized work in excess of the student's scheduled hours of work. A student shall be compensated for overtime according to the clauses below provided:

  1. the delegated manager required the student to work overtime;
  2. the student did not control the duration of the overtime period; and
  3. the delegated manager certifies the duration of the overtime worked, and authorizes the compensation.

5.2 A student shall be compensated for overtime worked at the rate of time and one half (1 ½) for each hour of overtime worked or for each 15 minute period thereof.

5.3 At the request of a student and the discretion of the Council, a student may be compensated for overtime in the form of compensatory leave.

5.4 A student who works three (3) or more hours of overtime immediately before or immediately after his or her scheduled hours of work and who has not been notified prior to the end of his or her last scheduled work period shall be reimbursed for one meal in the amount of $10.50, except where free meals are provided. In such case, reasonable time with pay to be determined by the Council shall be allowed to the student in order to take a meal period..

5.5 When a student works overtime continuously extending seven (7) or more hours and has not been notified of the requirement prior to the end of his or her last scheduled work period, he or she shall be reimbursed one additional meal in the amount of $10.50, except where free meals are provided. In such case, reasonable time with pay to be determined by the Council shall be allowed to the student in order to take a meal period..

5.6 Clause 5.4 and 5.5 do not apply to a student who is in travel status.

5.7 For clarity, students are not entitled to callback or standby pay or to weekend or shift premiums.

5.8 When a student is required to report for work and reports.

  1. after completing his or her work for the day, and has left his or her place of work; or
  2. on a day of rest; or
  3. on a designated holiday;

and where public transportation is not available or is not practical in the view of the manager, the student will be reimbursed for reasonable expenses incurred as follows:

  1. an allowance at the kilometric rate normally paid to an employee when authorized by the Council to use his or her automobile when the student travels by means of his or her own automobile; or
  2. out of pocket expenses for other means of commercial transportation.

6.0 Designated holidays

6.1 The following days shall be designated holidays: New Year's Day, Good Friday, Easter Monday, the day fixed by proclamation of the Governor in-Council for celebration of the Sovereign's birthday, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and one additional day in each year that, in the opinion of the Council, is recognized to be a provincial or civic holiday in the area in which the student is employed or, in any area where, in the opinion of the Council, no such additional day is recognized as a provincial or civic holiday, the first Monday in August.

6.2 A student on full-time assignment is entitled to pay for a designated holiday, provided he or she is not on leave without pay on the working day preceding and the working day following that holiday.

6.3 When a designated holiday, except Boxing Day, coincides with a day of rest, it shall be moved to the next regular scheduled working day following the designated holiday. Boxing Day shall be observed on the first normal working day immediately following the calendar day on which Christmas Day is granted as a designated holiday.

6.4 When a student works on a designated holiday, he or she shall be paid time and one half (1 ½) for all hours worked in addition to pay the student would have been granted had he or she not worked on the holiday.

6.5 Students are not eligible for pay during the December shut-down: December shut down leave must be taken without pay.

7.0 Acting pay

Students are not entitled to acting pay.

8.0 Bilingualism bonus

Students are not entitled to Bilingualism Bonus.

9.0 Leave

9.1 Leave with pay: With the exception of bereavement leave (below), a student is not entitled to leave with pay.

9.2 Vacation: Students are not entitled to paid vacation leave. In lieu of vacation leave, students receive vacation pay equal to four per cent of their total regular and overtime earnings, on each pay.

9.3 Sick leave: Students are not entitled to paid sick leave and do not accrue sick leave credits.

9.4 Bereavement leave: In recognition of the special and difficult circumstances arising in the event of the death of a member of a student's immediate family, a student shall be granted one day paid bereavement leave when a member of his or her immediate family dies. Such day shall normally be taken on the day of the funeral.

Immediate family is defined as father, mother (or alternatively stepparents, foster parents), brother, sister, spouse (or common-law spouse residing with the student), dependent child, stepchild, grandparent, grandchild, ward, father-in-law, mother-in-law and relative permanently residing in the student's household or with whom the student permanently resides.

A student may be required to provide satisfactory validation of the circumstances necessitating a request for leave under this article.

9.5 Leave without Pay for Other Reasons: At its discretion, the Council may grant leave without pay for any purpose (vacation, sick, etc) , but not beyond the specified period of the student's assignment.

10.0 Travel

10.1 A student who is required by the Council to travel is eligible for reimbursement of expenses in accordance with the NRC Travel Directive.

10.2 Where a student is required by the Council to travel on Council business outside his or her headquarters area as normally defined by the Council, the method of travel shall be determined by the Council and the student shall be compensated in the following manner.

  1. On his or her normal working day on which the student travels but does not work, the student shall receive his or her regular pay for the day.
  2. On his or her normal working day on which the student travels and works, the student shall be paid: his or her regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5) hours; and at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5 ) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate in any day.
  3. On his or her day of rest or on a designated paid holiday on which the student travels, the student shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate.

10.3 Where a student is permitted, but not required, by the Council to attend a course, conference or seminar, no compensation shall be payable to the student for time he or she travels outside his or her normal hours of work

11.0 Health and safety

The Council shall make reasonable provisions for the occupational health and safety of students.

12.0 Harassment

The Council recognizes the right of students to work in an environment free from harassment and agrees that harassment will not be tolerated in the workplace.

13.0 Security

A student must have and maintain the appropriate security clearance.

14.0 Early termination

14.1 A student with at least three months of continuous employment who is terminated before the end of his or her assignment without being given two weeks' notice shall receive compensation in lieu of notice. The compensation will equal two weeks' pay or pay to the end of the specified period of the assignment, whichever is less.

14.2 Notwithstanding 14.1 above, in cases of termination of employment for disciplinary reasons or reasons related to performance, no compensation in lieu of notice applies.

15.0 Part time assignments

15.1 A part-time student is one whose normal hours of work are less than those established for full time students in article 4.0 Hours of Work, but not less than one third.

15.2 A part-time student shall be entitled to the benefits provided in the same proportion as his or her normal weekly hours of work compared with the normal weekly hours of work specified for a full time student, unless otherwise specified in these terms and conditions.

15.3 A part time student shall be paid at the straight time rate or pay for all work performed up to the normal weekly hours specified for a full time student.

15.4 A part time student shall not be paid for designated holidays but shall, instead, be paid four and one-quarter percent (4.25 %) for all straight time hours worked.

15.5 For a student working less than 37.5 hours per week, overtime means authorized work performed in excess of the weekly hours of work of a full time student, but does not include time worked on a holiday as defined in article 6.0. When a part time student is required to work on a day which is prescribed as a designated paid holiday for a full time student, the part-time student shall be paid at time and one half (1 ½) of the straight time rate of pay for all hours worked on that day.

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