What is a Record of Employment?
When there is a significant development in the employment relationship, an employer is typically required to file a Record of Employment with Employment and Social Development Canada (“Service Canada”). One of the most common situations is when an employer terminates an employee’s job or places them on a temporary layoff, which creates an “interruption in earnings” allowing the employee to seek financial assistance. Simply put, the Record of Employment provides information on employment history, and is the single most important document used by employees to apply for Employment Insurance (EI) benefits. When filed by the employer (either by mail or electronically), Service Canada uses the information on the ROE to determine whether a person is eligible to receive EI benefits, what the benefit amount will be, and for how long the benefits will be paid.
How is a Record of Employment Completed?
The employer must fill out the Record of Employment by selecting the appropriate codes that is used to specify the reason for filing. Each code has a specific meaning:
- Code A – Shortage of Work / End of Contract or Season: Used when the employee is laid off due to a decrease in work or the end of an employment contract or season.
- Code B – Strike or Lockout: applies in cases of labour disputes.
- Code C – Return to School: used when the employee has left work to return to school or further their education.
- Code D – Illness or Injury: applicable when the employee is unable to work due to illness or injury.
- Code E – Quit: applies when the employee voluntarily leaves their job.
- Code F – Maternity Leave: applicable when the employee is leaving work due to pregnancy or childbirth.
- Code G – Retirement: used when the employee has decided to retire.
- Code H – Work Sharing: applies when employees are participating in a work-sharing arrangement.
- Code J – Apprenticeship Training: applicable when the employee leaves to attend apprenticeship training.
- Code K – Other: applies when none of the other codes accurately describe the reason for issuing the ROE.
- Code L – Leave of Absence: applicable when the employee is on a leave of absence, such as a medical leave.
- Code M – Dismissal: applies when the employee is dismissed or terminated, but not for wilful misconduct.
- Code N – Leave for Illness or Injury in the Family: used when the employee takes a leave due to illness or injury of a family member.
- Code P – Parental Leave: applicable when an employee takes a parental leave, including maternity leave.
- Code Z – Compulsory Transfer or Military Service: used for situations involving compulsory transfer or military service.
Employers are typically required to file the Record of Employment within 5 days after the employee’s last day of work. Once done, the employee can access their Record of Employment online through My Service Canada Account if it was submitted electronically. Alternatively, the employee can request a paper copy from the employer. Employers must ensure they file the Record of Employment promptly and correctly, as a failure to do so can subject the employer to fines, penalties, and most commonly, additional compensation owed to an employee in a wrongful dismissal claim. In fact, in many cases, the courts have awarded employee with aggravated/moral damages and punitive damages for financial and psychological hardship caused by an employer’s delay or false Record of Employment, since it resulted in the employee being unable to obtain EI benefits in time (or at all), at a time when they are most vulnerable after a wrongful dismissal.
Book a Consultation with an Employment Lawyer in Toronto
At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you. Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights. Why Choose Bune Law When You Need an Ontario Employment Lawyer?
- Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
- Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
- Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.
If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492