Common use of Deemed Qualified Clause in Contracts

Deemed Qualified. Unless a legal requirement of the job exists, if qualifications for a position are changed, incumbents are deemed to possess the necessary qualifications for the position if they can do the job. However, the employee will be red circled at their pay level until the earlier of the day they obtain the qualifications and/or twelve (12) months. If the employee does not obtain the qualifications within twelve (12) months, they must either accept a demotion to a vacant position for which they have the qualifications or be laid off. The period to obtain the qualifications may be extended by the Labour Management Committee.

Deemed Qualified. Unless a legal requirement of the job exists, if qualifications for a position are changed, incumbents are deemed to possess the necessary qualifications for the position if they she can do the job. However, the employee will be red circled at their her pay level until the earlier of the day they obtain she obtains the qualifications and/or twelve (12) months. If the employee does not obtain the qualifications within twelve (12) months, they she must either accept a demotion to a vacant position for which they have she has the qualifications or be laid off. The period to obtain the qualifications may be extended by the Labour Management Committee.