Rule on Re-employment

Effective Date: April 1, 2018
Responsibility: Vice-President, People and Culture

1. APPLICATION

This rule applies to former permanent employees who received a severance payment (including long service gratuity) at time of departure from CBC/Radio-Canada, and to CBC/Radio-Canada retirees.

Governing policies and procedures for unionized employees found in the applicable collective agreements apply if they differ from this rule.

2. DEFINITIONS

Separation Date: The last day the employee is on the Corporation payroll.

3. TERMS


3.1 Conditions for re-employment

CBC/Radio-Canada is permitted to re-hire a former employee who is receiving a pension benefit as an employee 4 months after the Separation Date. This includes an employee who received a long service gratuity severance payment at the time of departure. A CBC/Radio-Canada retiree cannot be re-hired as an employee for greater than 13 cumulative weeks within a fiscal year (April 1 to March 31).

CBC/Radio-Canada is permitted to re-hire a former permanent employee who received a severance payment at the time of departure from CBC/Radio-Canada if the re-hire as an employee is not within the time period equivalent to severance. In the event that this criteria is not met, the individual must first reimburse any severance amount equivalent to the remaining period of severance in order to be re-hired.

A former employee whose departure terms specifically prohibit re-employment or who was terminated for cause cannot be re-hired.

3.2. Approvals

Prior to any re-hire, a CBC/Radio-Canada retiree must contact Human Resources regarding options with respect to his/her pension benefits as per the CBC Pension Plan provisions and the Income Tax Act.

Engagement of a former employee, where no employee-employer relationship exists, is possible through 3rd party engagement (e.g., freelance, independent contract, company, etc.), unless otherwise stipulated in departure terms (See Policy 2.3.28 Independent Contracts). Approval of both the component Vice-President and Vice-President, People and Culture is required for any engagement, irrespective of the timeframe between departure and engagement.

The Vice-President of the component and the Vice-President, People and Culture must approve any exception to the present rule.

4. REFERENCES

5. HISTORY

This rule took effect on April 1, 2018. It was updated on November 1, 2018.

6. INQUIRIES

All questions pertaining to the application of this rule should be referred to your Human Resources representative.

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