Employment Insurance Law in Canada
In Canada the Employment Insurance (EI) provides financial assistance to citizens who have lost their jobs. The working scheme of EI is similar to car insurance while you work you pay premiums to be entitled to benefits. To get EI you need to work for a certain period called qualifying period and you must have lost your employment through no fault of your own. You can start gaining benefits right after you lost your job and the maximum benefit is set at 55% of your insurable earnings. EI is governed by the Employment Insurance Act R.S. 1996 c. 23, and run by Human Resources and Skills Development Canada (HRSDC).
As for the wok that is insured it is the most work in Canada. You can’t be insured if you work for government of a province or foreign country, if you work for a family member (still in some cases it is possible to get EI in this situation), if you are a large shareholder of a company you work in, if you are employed on an entirely casual basis. Generally the qualifying period is set at 52 weeks from your last claim, in case you miss hours due to illness, injury, education, or incarceration, the period will be extended. If you were fired from your job for misconduct or left the job for no reason you won’t get EI. But if you lost your job for a reason beyond your control you can apply for insurance, it also provides possibilities to qualify for maternity, child care, compassionate care, and sick leave benefits. When you apply for EI be sure to present Record of Employment (ROE) from your last employer, it will show the reason why your employment ceased.
After you have received EI there is a number of limitations and rules that you must follow. You receive payment only for days when you are available for work (no holidays etc.) and you are obligated to look for work while unemployed. If you refuse to look for work or accept an offer of suitable Canadian employment the payments will be ceased. As an example of not suitable work: if the offered work is in your field but has a lower wage or under less favorable conditions it can be considered not suitable. HRSDC also provides certain programs that must be attended, if you fail to visit the meetings the payments will be ceased.
As in any civilized country in Canada you can make an appeal if you disagree with determination made under the Act. You need to make an appeal to the Board of Referees within 30 days. An appeal can be made if the Board’s decision was contrary to the principles of natural justice, if it was based on an error of Canadian law, or made on the basis of incorrect and contrary facts. It is always useful to consult a labor and employment lawyer before making an appeal. If the decision of the Board of Referees does not satisfy you, you can appeal to Federal Court Judge within 60 days.
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