Printable PDF verion - Writers Guild of Canada

SCHEDULE 4 – CONT.REGULAR EMPLOYEE STATUS PROCEDUREWHEREAS, by virtue of Article 105 of the Quebec Appendix (Animation Section)above, Quebec Producers’ Regular Employees are not covered by the AnimationSection;WHEREAS the parties desire to establish a procedure to recognize RegularEmployee status for a writer;THE PARTIES HEREBY AGREE TO THE FOLLOWING:1. When a Producer covered by the Animation Section wishes to hire a personas a Regular Employee who will write Script Material in the course of his orher employment, and claims that this employee is not an artist within themeaning of the Act, the Producer shall respect the following procedure:1.1 Within forty-five (45) business days of hiring the employee, or forpersons already employed by the Producer, sixty (60) business daysfollowing the day this agreement becomes effective for the Producer,the Producer shall send to the Guild document(s) establishing that saidperson is one of its regular employees;1.2 In order that the Guild may determine the individual’s RegularEmployee status, the documents provided pursuant to Article 1.1 aboveshall contain information on the nature of the work to be performed, theremuneration and the Producer’s degree of control over the employee.2. Within thirty (30) days of receipt of the documents in Article 1.1, the Guildshall notify the Producer of its refusal to recognize the Regular Employeestatus. If there is no notification of refusal, Regular Employee status is thusrecognized by the Guild. If the Producer is notified of refusal by the Guildwithin the above timelines, the matter will be referred to a Joint StandingCommittee (or Arbitration, if applicable), which shall hear the case withoutdelay.3. Before the Joint Standing Committee or Arbitration convenes to hear thematter, or failing a majority decision of the Joint Standing Committee, theGuild may choose to refer the matter to the Commission, in which case thematter shall not go before the Joint Standing Committee or the Arbitration.165