Employment Insurance Regulations (SOR/96-332)

46. Where a claimant becomes employed in work-sharing employment and a waiting period or any portion of that period has not been served by the claimant as required by section 13 of the Act or earnings have not been deducted as required by subsection 19(1) of the Act, the serving of the period or the deduction of the earnings shall be deferred until that employment has terminated.

• 47. (1) Earnings received for any week by a claimant from work-sharing employment shall not be deducted from the work-sharing benefits payable pursuant to section 24 of the Act.

• (2) If a claimant receives earnings for any week other than by reason of work-sharing employment, the amount determined under subsection 19(2) of the Act shall be deducted from the work-sharing benefits payable to the claimant for that week.

48. The rate of weekly benefits payable to a claimant employed under a work-sharing agreement approved by the Commission for the purposes of section 24 of the Act is an amount that bears the same ratio to the claimant's rate of weekly benefits determined pursuant to section 14 of the Act that

• (a) the number of hours, days or shifts that the claimant did not work because of the work-sharing agreement

bears to

• (b) the number of hours, days or shifts that the claimant would have worked for the employer according to the claimant's usual work schedule.

49. Work-sharing benefits shall not be taken into account for the purpose of paragraph 10(8)(a) of the Act or for determining the benefits payable under sections 22 and 23 of the Act.

50. The following employment benefits are prescribed for the purposes of subparagraph 25(1)(b)(i) of the Act:

• (a) the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act; and

• (b) the Self-employment employment benefit established by the Commission under section 59 of the Act.

• 51. (1) Subject to the Act and these Regulations, but notwithstanding section 30 of the Act, a claimant who has left employment in accordance with an employer work-force reduction process that preserves the employment of co-workers may be paid benefits where

  • (a) the claimant accepted an offer to leave that employment voluntarily; and

  • (b) the employer has confirmed that the claimant's leaving resulted in the actual preservation of the employment of a co-worker whose employment would otherwise have been terminated in the course of the work-force reduction process.

• (2) For the purposes of subsection (1), an employer work-force reduction process is a process

  • (a) that is initiated by the employer;

  • (b) that has as its objective a permanent reduction in the overall number of employees;

  • (c) that offers employees the option to leave employment voluntarily; and

  • (d) the elements of which, including the elements described in paragraphs (a) to (c), are documented by the employer.