Service Agreement for Part-Time Vice-Presidents

SERVICE AGREEMENT

BETWEEN: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

      (the “Institute” or “PIPSC”)

AND:           [NAME]

                  (the “Part-Time Vice-President” or “PTVP”)

 

WHEREAS the relationship between the parties governed by this Agreement is contingent upon the Part-Time Vice-President having been validly elected by the membership of the Institute and holding the office of Part-Time Vice-President in accordance with the applicable Policies, and Bylaws as amended from time to time, and also contingent on signing this Agreement, as failure to enter into this Agreement will result in being disqualified to hold office, the Parties agree as follows:

1. Duties, Obligations and Authorities
   1. The PTVP accepts the obligations, duties and authorities contained in By-Law 20 of the Institute’s Bylaws and Regulations, the Policy on President and Vice-Presidents (the “VP Policy”) and the Position Description as may be amended from time to time.
   2. The PTVP is required to assist the President and fulfill such other duties as set out in the By-Laws, including filling the position of Acting President should the President be either temporarily unable to fulfill the duties of office or is removed from office.
   3. The PTVP is obligated to perform the tasks assigned to them by the President in a competent fashion, to behave in a respectful manner towards all members and employees of the Institute, to be loyal to the Institute and to act always in the best interests of the Institute in all of their dealings. 
   4. Allegations against the PTVP of misconduct and breach of the obligations set out in this Agreement, the Policies and Bylaws of the Institute shall be dealt with by the President. Any discipline imposed on the PTVP by the President may be appealed pursuant to Part G of the Dispute Resolution and Discipline Policy. 
2. Terms and Conditions of Service
   1. The terms and conditions of the PTVP’s contract with the Institute are governed by the VP Policy, the Institute’s Bylaws, the Policy on Conduct and any other relevant Institute policy, as amended from time to time.  Where there is a conflict between the Bylaws or a relevant policy and this Agreement, the Bylaws or the relevant policy shall prevail.
   2. The terms and conditions for the PTVP will be reviewed by the Executive Compensation Committee (the “ECC”) on a triennial basis (on the year of the Presidential election) and shall be approved by the Board of Directors, prior to the publication of the Notice of Election in the year of a Presidential election. 
   3. No changes in these terms and conditions shall take effect between triennial reviews except for economic adjustments and personal allowances, or, as may be required by law (or to reflect updates in the law or to the applicable employment standards). 
3. Salary and Benefits
   1. The PTVP will receive salary compensation at a rate of fifty (50%) percent of a full-time Vice-President, less necessary deductions, as approved by the President.       
   2. A ‘substantive position’ is the position from the unionized employer, represented by the Institute, where the PTVP is on leave in order to perform his or her duties for the Institute. 
   3. An annual wellness gift of up to $500 (taxable benefits) will be provided directly to the supplier of the service or item.  The wellness gift provisions are described in the Institute’s policy for staff.

 

4. You will receive 6% of salary on each pay as pay-in-lieu of vacation pay.
5. No additional compensation, such as overtime payments, leave, benefits, superannuation or pension will be provided.

4. Hours of Work
   1. The hours of work for the PTVP will be determined at the sole discretion of the President.  
   2. The PTVP is not entitled to overtime payment or other special compensation for hours worked.
5. Telework
   1. The PTVP, depending on the location of their substantial position, will be required to perform work remotely, as reasonable, based on operational requirements.
   2. As you will be working from your residence, the Institute will comply with the employment standards legislation and such other laws and regulations, as they may be amended from time to time, which are applicable in your home province, (collectively, the “ESA”). In the event of an inconsistency between the ESA and this Agreement, you shall receive the greater benefit. 
   3. The Institute will apply for Workers Compensation coverage for the PTVP’s work from their home office.
   4. This Agreement is contingent on your agreement and adherence to Schedule “A” - Terms and Conditions of Telework which apply to you when you are working remotely.  Please carefully review these terms and conditions as they form part of your employment agreement.
6. Leave
   1. The PTVP will not be entitled to any type of paid leave (including, but not limited to, annual, sick, bereavement) or compensatory leave from the Institute except as provided in the Policy on Balancing Union Activity and Family Life, or as may be prescribed by the ESA. As a PTVP, you will remain eligible for leave programs associated with your substantive position.
   2. If the PTVP is scheduled to work and requires bereavement leave, the Institute policy for staff will apply.
7. Expenses 
   1. Travel expenses for the PTVP will be provided as set out in the Policy on the Institute’s Board of Directors Article 810.
   2. Hospitality expenses for the PTVP are described in the Policy on the Institute’s Board of Directors Article 911.
   3. Office related expenses that are not defined in the policies are limited to a maximum of $250.00 per claim and requires a completed expense claims submitted on a monthly basis to the Finance Section. 
   4. No direct payment of credit cards will be made.
   5. Expense accounts are subject to the review of the Finance Committee, under the authority of the Board.
8. Duration and Termination
   1. This Agreement shall remain in place for the duration of the PTVP’s term, which is three years, unless they are removed by the membership prior to the expiry of that three-year term, or if this Agreement is frustrated, or terminated in accordance with its provisions, prior to the expiry of that three-year term.

This Agreement may be terminated at any time, at the expiry of the term (if not re-elected), or earlier, on provision of the following: 

1. by you, on provision of a minimum of three (3) months’ prior written notice to the Institute. The Institute shall have the right to waive the resignation notice period or part thereof by continuing your regular wages and benefits, if any, for the period so waived (“PTVP Resignation”);

 

2. by the Institute, at any time, without notice or pay in lieu thereof, except payment of outstanding wages and vacation pay accrued to the date of termination, for those reasons that are set out in the ESA for which no notice or pay in lieu of notice, or severance pay (if applicable) is required (“Termination With ESA Cause”); or

 

3. by the Institute, for any reason permitted by law, upon the provision of i. the minimum notice or payment in lieu of notice and all other entitlements, including continuation of benefits and severance pay (if applicable), as prescribed by the ESA; and ii. such additional severance payment to which the PTVP may be eligible pursuant to the VP Policy. This termination provision satisfies any entitlement you may have to notice or pay in lieu of notice and to termination pay and severance pay, if any, under the ESA, the common law, or otherwise (“Termination Without ESA Cause”).

 

2. You covenant and agree that the Institute has the right to lay you off temporarily in accordance with the provisions of the ESA, and that such temporary layoff does not constitute Termination Without ESA Cause or constructive dismissal.
3. For clarity, if the PTVP is re-elected to another term or another office, without any interruption of service, such is not considered a “termination” for the purposes of the entitlements set out herein, including but not limited to any notice or pay in lieu of notice, continuation of benefits, or severance payments, including those prescribed by the ESA and VP Policy.
4. If the PTVP completes their term of office, is not re-elected for another term or to another elected office within the Institute, and is not retiring from their substantive employer, they will be entitled to outplacement services, which services will be administered by the Institute with an external service provider, up to a maximum of 10 sessions.

9. Loyalty and Conflict of Interest
   1. The PTVP must not, during their tenure as PTVP of the Institute, for themself or for another person, directly or indirectly, in any capacity whatsoever, including, with limitation, as an employer, employee, principal, agent, representative, partner, independent contractor, franchiser, franchisee, distributor or consultant, carry on or be engaged in or have any financial or other interest in or have any other business involvement in any venture, activity or affair that conflicts with the interests of the Institute.
   2. The PTVP must not, during their tenure as PTVP of the Institute, for themself or for a family member (which includes but is not limited to spouse, partner, parent and child) have financial interest in or be a participant in any business that has or is attempting to have a contractual relationship with the Institute. Should the PTVP become aware of any potential conflict of interest between their personal interests or those of their family and the interests of the Institute, the PTVP shall immediately disclose the same to the Board of Directors and shall follow its direction with respect to the matters in issue.
   3. The PTVP agrees to act in a manner consistent with the Institute's interests at all times. The PTVP shall disclose to the Board when they are in a family, marital or close personal relationship with another Institute employee or officer that might interfere with the PTVP's objectivity and/or ability to act in the best interests of the Institute.
10. Confidentiality
    1. The PTVP acknowledges that as a result of their service for the Institute, they have had and will continue to have access to information relating to the business of the Institute which is confidential and proprietary to the Institute. The PTVP therefore agrees that, during the term of their service under the Agreement and continuing thereafter, the PTVP shall not, without prior written consent of the Institute, intentionally disclose to any third party, any material or confidential information of the Institute, except information which through no fault of the PTVP has become publicly available.
    2. The PTVP shall not be obligated to keep confidential any otherwise confidential information where the disclosure of such information is required by law, provided, however, that in the event disclosure is required by law, the PTVP shall provide the Institute with prompt notice of such requirement in order to enable the Institute to seek an appropriate protective order.
11. Ownership of Files and Other Property
    1. Any file, sketch, drawing, letter, report, memo or other document, any equipment, machinery, tool, instrument or other device, device including computer, laptop computer and cell phone, any recording medium, or other property which comes into the PTVP’s possession during the PTVP’s tenure with the Institute, in the performance or in the course of the PTVP’s work, regardless of whether the PTVP has participated in its preparation or design, how it may have come into the PTVP’s possession and whether or not it is an original or a copy, shall at all times remain the property of the Institute and, upon the termination of the PTVP’s service contract, shall not be deleted, destroyed, removed from the Institute’s premises or otherwise disposed of, but shall be returned to the Institute or its designated representative. 
12. Modification of Agreement
    1. The written provisions of this Agreement and the VP Policy shall constitute the full extent of the remuneration and other entitlements of the PTVP, regardless of any oral agreements or understandings which may presently or hereafter exist between the Institute and the PTVP.
13. Disputes
    1. The parties hereto agree to settle and resolve any dispute, controversy, question or claim arising out of or in relation to the Agreement by mediation and/or arbitration.  The Institute’s General Counsel shall designate the arbitrator who will first conduct a mediation with the parties in a good faith effort to resolve the matter before resorting to arbitration.
14. Choice of Law
    1. This Agreement and the performance hereunder shall be governed by and interpreted in accordance with the laws of the Province of Canada in which the PTVP will be performing the services hereunder.
15. Severability
    1. If any provision of this Agreement is held illegal, invalid or unenforceable by any competent authority, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement.
16. Successors
    1. This Agreement shall be binding on the successors, heirs, assigns and legal representatives of the parties.
17. Entire Agreement
    1. This Agreement together with any documents, policies, and Bylaws referred to in this Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the services provided by the PTVP to the Institute.
18. Legal Advice
    1. The PTVP acknowledges having had the opportunity to obtain independent legal advice at their own expense before executing this Agreement and acknowledges that they fully understand the nature of the agreement into which they voluntarily enter.
19. Counterparts and Consideration
    1. The Agreement may be executed in any number of counterparts, whether electronically, by facsimile or otherwise, each which shall be deemed original, and all such counterparts shall for all purposes constitute one agreement binding on the parties hereto.
    2. If this Agreement is signed by the parties following the PTVP’s having commenced working for the Institute, the PTVP acknowledges having received $1 (one dollar) as full and adequate consideration for entering into this Agreement and that the parties’ mutual intent is that this Agreement shall be binding on both of them.

IN WITNESS WHEREOF the parties hereto have duly signed this Agreement on the dates hereinafter set forth.

 

 

SCHEDULE ‘A’: TELEWORK AGREEMENT

Terms and Conditions of Telework

SECTION:

EMPLOYEE:

POSITION:

MANAGER:

OFFICIAL WORKSITE: PIPSC / Institute – Reporting Office address

TELE-WORKPLACE LOCATION : Home Address

 

Tele-workplace

1. The employee’s tele-workplace is identified above.
2. The employee is responsible for setting up and maintaining a suitable, private, safe, ergonomic designated work area in their home. 
3. The employee will perform their PIPSC / Institute work from the address as provided above exclusively. This designated work area in the employee’s home is the employee’s “tele-workplace” for the purposes of this agreement.  
4. The tele-workplace is not for receiving members, coworkers, holding meetings or conducting duties with others. If the employee needs to meet with others for any reason in the performance of their duties, arrangements for virtual meetings must be made, and, if unavoidable presence in the remote workplace is required, arrangements should be with the employee’s manager in advance.
5. Any anticipated change in the tele-workplace must be discussed with Human Resources. In the event the employee is considering relocating to another province than the province hired in, the employee will provide a written request to the Institute for the approval of the new work location prior to the relocation. The Institute will generally not approve a telework arrangement in a province or territory where the Institute does not have an office. All requests will be reviewed on a case-by-case basis. Any approved changes in the tele-workplace remain subject to the employee’s terms and conditions of employment, including the Institute’s right to require the employee to work from the Official Worksite (identified above) upon three-months’ notice.

 

Institute Policies and Performance of Duties

1. The employee agrees to abide by all Institute policies.  
2. Employees working remotely are expected to perform work duties in the normal course and must be available and accessible during agreed upon working hours.
3. Employees will keep a record of their daily hours worked and will ensure WFN is updated accordingly.  
4. The employee will establish routine daily contact with his/her team lead, manager or alternate. 

 

Technology, Equipment & Materials

The Institute will provide to the employee:

1. A laptop computer and mouse.
2. A computer VOIP phone (determined based on role and on an as-needed basis). All internal communication is handled through video streaming such as Zoom. 
3. A headset.
4. A separate monitor and keyboard may be provided as needed on a case by case basis.
5. Standard stationary supplies – approved expenses that are reasonably required to perform work will be reimbursed upon submission of receipts through the standard expense claim process. PIPSC is not responsible for costs associated with setup of the employee’s tele-workplace, including but not limited to remodeling, furniture, lighting, repairs or modifications to the workspace. 
6. The employee must have and maintain, at the their own expense, access to high speed internet required to carry out the role requirements. 
7. The employee will return all Institute equipment in a secure and timely manner if and when the temporary remote work arrangement or employment is terminated by either party. 

 

Privacy, Confidentiality and Security

1. PIPSC is subject to various requirements regarding privacy and confidentiality that arise out of legislation and policy. All such requirements must be met by the employees in respect of any electronic or hardcopy information or records outside secure PIPSC offices or that the employee accesses electronically from offsite.
2. Employees must take all reasonable steps to secure and maintain the confidentiality of all PIPSC information and documents while they are being transported to and from the employee’s tele-workplace, and while the documents are in the tele-workplace. Such steps will include protecting such documents from being damaged, destroyed, stolen, copied or otherwise accessed by unauthorized individuals. If there is a concern that sensitive and private information has been compromised in any way, this must be reported to the manager and HR as soon as possible. 
3. Employees working with confidential, personal or protected information are required to secure the information in a secure location of the home and ensure other family members or visitors to the tele-workplace do not have access to this information.
4. Equipment must be secured whenever it is not in use.
5. The IT equipment is supplied for the remote employee’s sole use. No other person, including family members, should have access to use the PIPSC-supplied computer. 

 

Health, Safety

1. The employee undertakes to perform their PIPSC work duties in a safe and healthy manner including applying good ergonomic work practices at all times. The employee must immediately report any accident or injury that occurs in their tele-workplace to their manager. 
2. PIPSC will not be held liable for any accidents or loss to third party residents or visitors to the tele-workplace. 
3. Emergency measures – the tele-workplace must have smoke alarms, access to a fire extinguisher, a carbon monoxide detector, first aid supplies and other measures in place for their safety.
4. Any accidents or injuries sustained during the course of employment by the employee must be reported to the employee’s manager as soon as reasonably possible, but no later than 24 hours after such injury/accident.
5. Upon any accidents or health and safety concerns at the tele-workplace during the course of conducting work duties, the employee agrees to grant access to a PIPSC representative to inspect the tele-workplace to ensure continued suitability and safety to continue work from the tele-workplace. 
6. The Institute will not be responsible for any non-work related injuries that may occur in the tele-workplace.
7. The Institute assumes no responsibility for any activity, damages or injury which is not directly associated with or resulting from the employee’s official duties. The Institute assumes no responsibility for the employee’s personal property or liability or death to third persons or members of the employee’s household that occur at the tele-workplace, either inside or outside the employee’s designated tele-workplace. 

 

Tele-workplace (Home) Expenses

1. Any costs not already mentioned but associated with working from their tele-workplace will be borne by the employee, including internet, heat, electricity, home insurance and any other incidental expenses.  
2. It is the employee’s responsibility to consult with their home insurance agent regarding any implications due to tele-working from home and for ensuring that the tele-workplace complies with any applicable municipal and provincial legislations or regulations.  
3. All costs for travel to and from the Official Worksite must be approved in advance and will be borne by the Institute.

 

Work-Related Travel

1. Any approved work-related travel expenses incurred by the employee excluding required travel between the tele-workplace and the Official Worksite, will be reimbursed to the employee pursuant to Institute Policies, as applicable. 

 

Acknowledgements:

Employee:

I have read and agree with the above telework agreement. I fully understand the duties, responsibilities, obligations and conditions for telework as expressed in this document.  I also understand that these are in addition to my normal duties, responsibilities and obligations as an employee of the Professional Institute of the Public Service of Canada.

___________ __________________________________

(employee Name), Title

___________ __________________________________

(Name…..) ,    Manager’s Title

 

Revised June 2024; effective January 1, 2025