Terms and conditions of employment for students

Effective:

Table of contents

C.5.3 - NRC student terms and conditions of employment

C.5.3.1

Application

C.5.3.1.1

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).

C.5.3.1.2

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.

C.5.3.2

Legal status

C.5.3.2.1

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.

C.5.3.3

Pay

C.5.3.3.1

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.

C.5.3.4

Hours of work (full-time)

C.5.3.4.1

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.

C.5.3.4.2

Notwithstanding C.5.3.4.1 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.

C.5.3.4.3

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

C.5.3.4.4

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.

C.5.3.4.5

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

C.5.3.5

Overtime

C.5.3.5.1

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.

 

C.5.3.5.2

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.

C.5.3.5.3

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.

C.5.3.5.4

A student who works three (3) or more hours of overtime immediately before or immediately after the student's scheduled hours of work and who has not been notified prior to the end of the student's 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.

C.5.3.5.5

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 the student's last scheduled work period, the student 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.

C.5.3.5.6

Clause C.5.3.5.4 and C.5.3.5.5 do not apply to a student who is in travel status.

C.5.3.5.7

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

C.5.3.5.8

When a student is required to report for work and reports:

  1. after completing the student's work for the day, and has left the student's 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 the student's automobile when the student travels by means of the student's own automobile; or
  2. out of pocket expenses for other means of commercial transportation.

C.5.3.6

Designated holidays

C.5.3.6.1

The following days shall be designated holidays:

  1. New Year's Day
  2. Good Friday
  3. Easter Monday
  4. Victoria Day
  5. Canada Day
  6. Labour Day
  7. Thanksgiving Day
  8. Remembrance Day
  9. Christmas Day
  10. Boxing Day
  11. 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
  12. One additional day when proclaimed by an act of Parliament as a National Holiday

C.5.3.6.2

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

C.5.3.6.3

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

C.5.3.6.4

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

C.5.3.6.5

Students are eligible for pay during the December shut-down. They must bank December shut-down hours or take leave without pay.

C.5.3.7

Acting pay

C.5.3.7.1

Students are not entitled to acting pay.

C.5.3.8

Bilingualism bonus

C.5.3.8.1

Students are not entitled to Bilingualism bonus.

C.5.3.9

Leave

C.5.3.9.1

Leave with pay

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

C.5.3.9.2

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.

C.5.3.9.3

Sick leave

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

C.5.3.9.4

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 the student's 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.

C.5.3.9.5

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.

C.5.3.10

Travel

C.5.3.10.1

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

C.5.3.10.2

Where a student is required by the Council to travel on Council business outside the student's 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 the student's normal working day on which the student travels but does not work, the student shall receive the student's regular pay for the day.
  2. On the student's normal working day on which the student travels and works, the student shall be paid: the student's 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 the student's 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.

C.5.3.10.3

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 the student travels outside the student's normal hours of work .

C.5.3.11

Health and safety

C.5.3.11.1

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

C.5.3.12

Harassment

C.5.3.12.1

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.

C.5.3.13

Security

C.5.3.13.1

A student must have and maintain the appropriate security clearance as a condition of employment.

C.5.3.14

Early termination

C.5.3.14.1

A student with at least three months of continuous employment who is terminated before the end of the student's 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.

C.5.3.14.2

Notwithstanding C.5.3.14.1 above, in cases of termination of employment for disciplinary reasons or reasons related to performance, no compensation in lieu of notice applies

C.5.3.15

Part-time assignments

C.5.3.15.1

A part-time student is one whose normal hours of work are less than those established for full time students in article C.5.3.4 Hours of Work, but not less than one third.

C.5.3.15.2

A part-time student shall be entitled to the benefits provided in the same proportion as the student's 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.

C.5.3.15.3

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.

C.5.3.15.4

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

C.5.3.15.5

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 C.5.3.6. 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 1/2) of the straight time rate of pay for all hours worked on that day.

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