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Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada

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APPENDIX Q – CONT.REGULAR EMPLOYEE STATUS PROCEDUREWHEREAS, by virtue <strong>of</strong> Article A106 <strong>of</strong> the Quebec Appendix above,Quebec Producers’ Regular Employees are not covered by the IPA;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 IPA wishes to hire a person as aRegular Employee who will write Script Material in the course <strong>of</strong> hisor her employment, and claims that this employee is not an artistwithin the meaning <strong>of</strong> the Act, the Producer shall respect thefollowing procedure:1.1 Within forty-five (45) business days <strong>of</strong> hiring the employee, orfor persons already employed by the Producer, sixty (60)business days following the day this agreement becomeseffective for the Producer, the Producer shall send to the <strong>Guild</strong>document(s) establishing that said person is one <strong>of</strong> its regularemployees;1.2 In order that the <strong>Guild</strong> may determine the individual’s RegularEmployee status, the documents provided pursuant to Article 1.1above shall contain information on the nature <strong>of</strong> the work to beperformed, the remuneration and the Producer’s degree <strong>of</strong>control over the employee.2. Within thirty (30) days <strong>of</strong> receipt <strong>of</strong> the documents in Article 1.1, the<strong>Guild</strong> shall notify the Producer <strong>of</strong> its refusal to recognize the RegularEmployee status. If there is no notification <strong>of</strong> refusal, RegularEmployee status is thus recognized by the <strong>Guild</strong>. If the Producer isnotified <strong>of</strong> refusal by the <strong>Guild</strong> within the above timelines, the matterwill be referred to a Joint Standing Committee (or Arbitration, ifapplicable), which shall hear the case without delay.3. Before the Joint Standing Committee or Arbitration convenes to hearthe matter, or failing a majority decision <strong>of</strong> the Joint Standing222

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