Do Temporary Foreign Workers qualify for Employment Insurance?

[TempoWorker]

I was put on a Special Leave of Absence by my employer on early February (up to 6 months with benefits but without pay in lieu of being laid off). My employer told me that I could apply for Employment Insurance. Then I received my Record Of Employment after being put under SLOA. I've been in Canada since mid 2006 under TFW status, but I've been granted PR status and will obtain my new visa in the following days. I didn't apply for EI immediately because I've always heard that TFW's don't generally receive EI payments (even when we pay taxes, EI premiums and contribute to CPP as any other Canadian citizen). For this reason I didn't apply for EI immediately; I was waiting for my PR visa. So far, I have exceeded the suggested time period to file for EI (4 weeks after stop working). I will also obtain a new Social Insurance Number (SIN) with my new status. Can I apply for EI with my new Permanent Resident status (even when the ROE was issued with the TFW status)?

 

[BCguy]

Yes I just dont know if you will get it

 

[TempoWorker]

Thank you for your reply. Yes, you are right, anyone can file for EI; the only thing is that nobody knows if you will get it. But in the case of a TFW is worse. For example, one of the conditions when you are receiving EI is that you have to be actively looking for a new job. How can you look for a new job if your Work Permit is attached to one employer only? You can look for a new job; the problem is that you would have to wait for the new employer to sponsor you for a new WP. For this reason, I am planning to sue my employer because they lied to me when they told me that I could file for EI and obtain EI benefits even when they knew very well that I was not going to get it. They also told me that I could look for a new job during my Special Leave of Absence and If I found it, I would have to resign (because on SLOA you still belong to the company, even when you are not getting paid). This is good for the company (but not for an employee), because you are not getting paid; the government is paying you (EI); and if you find a new job and you resign during the 6 months of the SLOA, the company avoids the severance pay. Fortunately, I have been granted PR status, and I think I will have more rights to fight my case. Does anyone know a good employment lawyer in the province of Alberta?

 

[Leon]

I am sure you qualify for EI once you become PR. You just need to take all your paperwork to Service Canada to show them when you apply for EI that your old SIN should be linked to your new SIN. I agree temporary layoff in Canada sucks. In AB, they can legally send you home with one day notice and you may stay on temp layoff for up to 60 days. Then you are considered permanently laid off and they have to pay you your notice BUT if they call you back to work after 59 days, they can make you work for one day and then they lay you off temporarily again.

 

[shosilie]

Just to clarify, please, are you saying all foreign workers are not entitled to EI if they lose their job?

I am aware certain amount is deducted from my pay check every 2 weeks as payment for EI

kindly clarify this, Im a foreign worker and I will like to know.

Thanks

 

[Leon]

From people I have talked to who have been TFW's as well as one woman I know who used to work at a placement agency in Canada, TFW's are not entitled to EI regular benefits. This is based on the fact that in order to get regular benefits you need to be ready, willing and able to take any job that comes along and as you are on a work permit that is tied to one employer, you are not able. You might however be able to get EI sickness benefits or parental leave, I don't know anybody who has tried that but since it's not based on being able to get another job, I think it should work. The woman I knew who worked in a placement agency told me that TFW's get some of their EI money back with their tax refunds. I am not sure if you need to apply for this specifically or if it's automatic but ask about it when you get your taxes done.

 

[TempoWorker]

Thanks for this answer too. I did not file for EI because I was waiting to obtain my PR visa. Now that I will have it in the following days I may apply for EI; just don't know if I will get it because I was put on Special Leave of Absence (SLOA) in early February. One other thing, my employer wanted me to sign the documents of the SLOA but I didn't do it, because the information they provided me about it was unclear (one day they told me you will keep all the benefits; the very next day they told me I was going to keep only certain benefits). In summary I have my Record Of Employment (ROE), which is used to file for EI, but I haven't signed the documents of the SLOA. My ROE states that I am on Special Leave of Absence for 6 months and the return date was marked as 'unknown'. You say that in Alberta you can be laid off temporarily for up to 2 months. Where is this written? Isn't my employer breaking the law by putting me on SLOA for 6 months when you can be laid off temporarily for a maximum of 2 months?

 

[Leon]

I do not know what a special leave of absence is. You can find the Alberta employment standards at http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/996.html

On this page: http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/1474.html it talks about termination of employment and at the bottom there is a link to a PDF file that tells you more about temporary layoff.

If you believe you are being treated unfairly, you can also call the TFW help line, see here: http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/4548.html

 

[Connexion]

if you need any help let me know. I am currently working on these issues....feel free to write to me at consultant.luc@sympatico.ca

 

[joselito]

Hello there. Im currently going through a very similar situation. The bottom line is a TFW can apply to EI yes or no?
I got let go last friday and I need some help.
thanks!

 

[Leon]

You can and should apply but you might not get it. I have heard of a couple of cases recently where TFW's got EI after applying. Maybe there was a change of policy. Anyway, your chances of getting EI are a lot better if you apply than if you don't

 

[job_seeker]

You can and should apply but you might not get it. I have heard of a couple of cases recently where TFW's got EI after applying. Maybe there was a change of policy. Anyway, your chances of getting EI are a lot better if you apply than if you don't

True=))

 

[Twix]

My paystub shows that I contribute for EI. It makes no sense then if I wouldn't be able to avail if ever the need arises! I think TFWs should qualify for it!

 

[Twix]

My paystub shows that I contribute for EI. It makes no sense then if I wouldn't be able to avail if ever the need arises! I think TFWs should qualify for it!

[sic] I meant, *to avail of it

 

[Leon]

Yes, I think their reasoning for denying people in the past is that if you are on a closed work permit, you are not free to take any job available since you are tied to one employer. You would however qualify for EI sickness or parental benefits so it's not like you are just paying and not getting anything back. I know of an employer who had to lay off many TFW's temporarily last spring and they got EI, possibly based on that it was a temporary layoff and that they couldnt' be expected to look for a new job for a month they were supposed to be laid off. It actually turned into 2 months but one of the guys told me that EI told him he had the right to get benefits up to 35 weeks like anybody else.

It does say at http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/ei_tfw/ceie_tfw.shtml

Regular and sickness benefits can generally only be collected while workers are in Canada. Temporary foreign workers are eligible to receive regular and sickness Employment Insurance benefits if they are unemployed, have a valid work permit and meet eligibility criteria, including having worked a sufficient number of hours.

I don't know if this is a new policy or not. Some people had been denied based on other eligibility criteria that they didn't haven an open work permit and therefore couldn't take any job.