Volume 2 - Management Services
Chapter 4 - Employment and Compensation

Policy 4.6 - Salary Administration for Excluded Employees

Effective Date: 01-Apr-00
Responsible Branch: Human Resources Branch

Management Services Volume Table of Contents | Amendment Log


Scope

This policy covers salary administration for employees in excluded positions other than Schedule “A” positions.


Purpose

To ensure equitable and consistent salary administration for excluded employees.


Policy

Employees will advance from their initial salary placement in the range up to the maximum job rate assigned to the position.  Salary increments will be determined by the employee’s length of time in the position and satisfactory performance.

Authority

Salary administration for excluded employees is guided by Public Service Employee Relations Commission policy outlined in Chapter 2 (Section 2.2) and 4 (Section 4.1) of the Personnel Management Policy Manual and in the references cited at the end of this document.  Exceptions to salary administration procedures, not contemplated under this or PSERC’s Salary Administration Policies for Excluded Employees, must be approved by the Director Human Resources Branch.  This policy will be administered by the Manager, Job Evaluation Services.

Definitions

Anniversary Date:  An employee’s date of appointment to their current position and classification level.  The 1st anniversary date is 12 months (1827 hours for less than full-time employment) from the date of appointment.

Base Position:  The position classification to which an employee was appointed under the provisions of the Public Service Act (PSA).

Demotion:  Occurs when an employee moves to a position of lower compensation.

Excluded Employees:

  • are appointed to positions excluded from a bargaining unit under Section 1.1 of the Public Service Labour Relations Act (PSLRA), except those with a bargaining unit classification e.g. Schedule 'A' employees; or
  • are appointed by an Order-in-Council that specifies that their position be evaluated under the Management Job Evaluation Plan; or
  • are appointed to, or occupying, a position which has been negotiated out of the bargaining unit through the application of Sections 12(3)(a), (b) or (c) of PSLRA.  The date of agreement, between the employer and bargaining agent of the position’s exclusion from the bargaining unit, may be the effective date for the purposes of reclassification.

Job Rate: The maximum salary (100%) for a classification level in the Management Job Evaluation Plan.

Promotion:  Occurs when an employee moves to a position of higher compensation.

Temporary Appointment: Occurs when an employee is formally designated to perform the principal duties of a higher, lower or equivalent excluded position.  When the temporary appointment is to be made to a position of lower compensation, this must be referred to the Manager, Job Evaluation Services before the appointment is finalized.

Effective Date:  The date of appointment to the excluded position or the date of the position’s exclusion from the bargaining unit agreed to by the employer and bargaining unit representative.

Salary on Appointment

Salary on appointment will not normally exceed 92% of the job rate.

Consideration for Up Range Hire

Circumstances can arise where there is a need to consider a salary on appointment which exceeds 92%.  Consideration for an exception to this policy may be made by application to the Manager, Job Evaluation Services under the following conditions:

  • the appointment is a lateral transfer from an identical position; or
  • there is a salary compression problem with incumbents of subordinate positions; or
  • the appointment at 92% results in a compensation increase of less than 8%; or
  • an out-of-service candidate formally rejects the salary offer (in writing); and
    • it is verified that the candidate is presently earning more than what is being offered at 92% of the job rate; and
    • there is no other suitable, equally-qualified candidate available from the current competition; and
    • there is reason to believe that a second, or subsequent competition, will not produce more equally-qualified candidates (due to difficulty of recruitment/specialization of position, etc.); and
    • that the up range salary proposal will not negatively impact other employees' perceptions of equity and/or fairness for work undertaken at the same classification level in the same work unit.

    Subsequent Increases

    Subsequent increases are not automatic, but must be supported by documentation of satisfactory performance.  Provided the performance review is satisfactory then employees are entitled to salary increases based upon the following schedule:follows:

    When
    Basis
    % of Job Rate
    Upon appointment
    N/A
    Up to 92% of the job rate



    6 month review
    Satisfactory performance
    Up to 94% of the job rate



    1st anniversary date
    Satisfactory performance
    Up to 96% of the job rate



    2nd anniversary date
    Satisfactory performance
    Up to 100% of the job rate

     

    The effective date of an increase will be the first day of the first full pay period following the anniversary date.

    Salary on Reclassification

    The salary of an employee whose job has been reclassified will not normally exceed 96% of the job rate for the new level.  Following reclassification, the employee will become eligible for subsequent increases on the same basis as that described under Subsequent Increases.

    If an employee's salary is at the job rate at the time of the reclassification, and the resultant percentage increase at 96% would be less than 8%, then a higher placement in the new salary range (as a result of the position’s reclassification) may be appropriate.  Consideration under these circumstances may be made by application to the Manager, Job Evaluation Services.

    Reclassified employees’ anniversary dates will change to reflect their start date at the new classification level.

    Salary on Temporary Appointment

    Salary on temporary appointment will normally be guided by the same principles applying to Salary upon Appointment to a regular position.  A temporary appointee's salary should not exceed that of a regular appointee in an equivalent position.  For the term of the temporary appointment salary increases will follow the schedule laid out under Subsequent Increases –the six month review period does not apply.

    Temporary appointments shall be granted for a minimum period of five (5) consecutive working days. It must be documented that the full scope of responsibilities and decision-making contemplated in the position will be assigned to the temporary appointee.

    When temporarily appointed to management positions, bargaining unit employees are temporarily excluded from the bargaining unit for the duration of the assignment.

    Salary recommendations for Temporary Appointments, over 92%, must be approved by the Manager, Job Evaluation Services before agreements are finalized with the employee. position.  Upon the termination of the Temporary Assignment the employee returns to their base position and its attendant classification and compensation level.

    Temporary appointments to positions with a lower classification must be referred to the Manager, Job Evaluation Services before an agreement is made with the employee.

    Salary on Lateral Transfer

    When an employee moves from one position to another at the same classification level, no change in salary will be considered without the manager’s recommendation and the authorization by the Manager, Job Evaluation Services.  The anniversary date for increment purposes remains the same.

    Salary on Demotion

    Demotion means the assignment of an employee to a position, or level of work, that is less than the employee’s base position classification.

    Employee-initiated: If a demotion is initiated by an employee, no salary protection is provided.  The employee will be appointed to the lower level position at 100% of its job rate.

    Ministry-initiated: If, through no fault of their own, an employee experiences an involuntary demotion, salary protection will apply according to the following provisions:

      If the demotion is equal to or less than one salary range (e.g. ML 5 to ML 4) the employee's current salary will be maintained until it falls within the range for the new classification level eg. ML 5 to ML 4.

      If the demotion is greater than one salary range (e.g. ML 6 to ML 4) the following provisions apply:

    • the employee's salary will remain at its existing rate for 12 months from the effective date of the demotion;
    • on the first anniversary date of the demotion, the employee's salary will be decreased by 25% of the difference between it and the current job rate for the new classification;
    • on the second anniversary date of the demotion, the employee's salary will be further decreased by 25% of the original difference between it and the current job rate for the new classification;
    • on the third anniversary date of the demotion, the employee's salary will be further decreased by 25% of the original difference between it and the current job rate for the new classification;
    • on the fourth anniversary date, should the protected salary continue to exceed the job rate for the employee's new position, then it will be adjusted to the job rate of the new classification.

        During the period of salary protection, the employee will not receive general salary increases to the job rate unless the maximum of the range for the new position classification exceeds the employee's protected salary.

        In the event an employee is promoted during the salary protection period, and the maximum of the new range is still below the protected salary, then the amount of the required reduction will be adjusted downward, and the salary protection and reduction schedule will be maintained for the remainder of the original time period.

        Management-initiated:  If a demotion is initiated for just cause, then salary protection may not apply and the employee may be subject to the Salary Upon Appointment provisions of this policy.  Such cases must be referred to the Manager, Job Evaluation Services prior to any salary administration action being taken.

        Leaves of Absence

        Employees on approved leave are eligible for salary adjustments when a general salary increase to the job rate occurs.  If the leave is without pay, the salary level will be adjusted when the employee returns to work.

        Employees who are paid less than 100% of the full job rate and who are absent on approved leave without pay for a period of 30 consecutive calendar days or more will have their anniversary date adjusted by a time period equivalent to the period of leave, and this will become the employee’s new anniversary date for salary adjustment purposes.


        References

        • Master Agreement(s) between the Government of the Province of BC and the
          Professional Employees' Association and BCGEU
        • Personnel Management Policy, PSERC:
          • Chapter 2.2, Job Evaluation for Management Positions
          • Chapter 3.2, Substitution
          • Chapter 4.1, Salary Administration for Management Employees
          • Chapter 7.0 Policy Directive 7.6, Salary Protection for Management Employees (January 1, 1999)
        • Memorandum dated November 16, 1998 (File 1657-01) from Director, Human Resources Branch Temporary Assignment Agreements and Salary Administration – Management Exclusions