Thursday, 28 October 2010

Employment Insurance Benefits in Canada


by: kevin Smith

It is great to know that a Canadian who has lost his job is protected by the Employment Insurance, a federal program that provides financial assistance to citizens who have lost their jobs.  This program is governed by the Employment Insurance Act R.S. 1996 c. 23, and run by Human Resources and Skills Development Canada (HRSDC). It is similar to other insurance types, during your work you need to pay premiums to be entitled to benefits. They are related so the more you pay – the more you get. There is also a certain number of rules and limitations for the Employment Insurance.

To qualify for the EI you need to fit three conditions: your work is classified as insurable; you worked a certain number of hours; it was not your fault that you lost your job. As for the first condition almost all the jobs in Canada are insured except for: work for a province government or a government of a foreign country, work for a family member, work for a company of which you are a large shareholder, work on an entirely casual basis. As for the second condition there is a certain qualifying period which is the time since your last EI claim or 52 weeks, whichever is shorter. This number varies from province to province, be sure to check it before you qualify. The third condition is the cause for your work loss. You can receive EI only if you lost your job for a reason beyond your control (f.e. a shortage of work in your field or shortage of work in your field). If you quit your job without cause or you were fired for misconduct. Usually this condition is checked in your Record of Employment.

As for the benefits they are also limited by a strict number of rules. The payments begin right after the claim and are related to your income through your insurance payments. The Act sets the maximum benefit as 55% of your insurable earnings. Also the person can qualify for maternity, child care, compassionate care, and sick leave benefits. There are also a number of conditions that can lead to a loss of the payments. You are paid only for the days when you were capable and available for work, no vacations, no holidays. You must attend special programs of the HRSDC, if you don't you will be disqualified from benefits. Section 27 of the Act also states that during the payment period you are obligated to seek employment. If you fail to accept apply for suitable work or refuse and an offer of suitable Canadian employment, the payments will be ceased. Still if the offered employment had lower wage or less favorable conditions than your previous employment it is not considered a suitable employment.

As all most of the legal spheres the EI sphere also has its appeals and appeal even more than one time. At first you may appeal within 30 days to the Board of Referees under s. 114, if you are not satisfied with the decision you may appeal to an Umpire (usually a Federal Court Judge) within 60 days of the decision.

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