How to apply
To apply, employers must complete and sign both of these forms:
Before you complete the forms, make sure you have read and understood:
- the eligibility criteria, and
- Work-Sharing agreement - Overview Special measures COVID-19 (2019 novel coronavirus), if your agreement will begin, end or be signed between March 15, 2020 and September 25, 2022
Instructions for completing the Work-Sharing application form (EMP5100)
The following provides instructions for employers completing the Work-Sharing application form (EMP 5100). The box numbers listed corresponds to the box numbers in the application form.
Incomplete Work-Sharing applications will delay Service Canada's assessment of your application.
All agreements must start on a Sunday to align with the Employment Insurance payment cycle.
To amend an existing Work-Sharing agreement please complete the full Work-Sharing application form (EMP5100). When the amendment is to add or remove participants from the Work-Sharing unit, employers must also include the Work-Sharing unit Attachment A form (EMP5101).
General information – Boxes 1 to 3
Box 1: Type of application
Provide the type of Application to the Work-Sharing program you are submitting:
- initial 76 week agreement
- balance of the initial 76 week agreement
- subsequent 26 week agreement, or
- to a Work-Sharing Unit (add or remove participants)
- layoffs (must be approved prior to implementation)
- additions, deletions or substitutions
- agreement extensions
- change to the company's legal name
- change to the employer, employee(s) or union representative
- to a Work-Sharing Unit (add or remove participants)
Work-Sharing agreements must have 6 weeks minimum. Under COVID-19 special measures, employers allowed to get a maximum of 76 weeks. Therefore, employers should deduct any weeks already used under COVID-19 special measures if they are applying for a subsequent agreement.
Requested start and end date (must start on a Sunday and end on a Saturday).
- Your requested start date must be no later than 60 calendar days after the application date
- Please add to the requested start date the number of calendar days that apply (26 weeks = 182 days / 76 weeks = 532 days)
Box 2: Previous agreement number and end date (if applicable)
Provide the previous Work-Sharing agreement number issued to the employer and employee representative and include the end date (if applicable).
Box 3: Has your company submitted 1 or more applications to any other processing centre(s)? If yes, please indicate where it has been submitte
If you have submitted 1 or more applications to other processing centre(s), indicate in which region(s) by checking the appropriate box(es).
Part 1: Employer information – Boxes 4 to 19
Box 4: Name of employer
Provide the name by which the business is commonly known (operating name).
Box 5: Date business established in Canada
Enter the date the business was established in Canada (YYYY-MM-DD).
Box 6: Legal name of employer
Enter the legal name of your business (organization). This is the name associated with your registration with Canada Revenue Agency.
Boxes 7, 8, 9 and 10: Street address, city/ town and province/territory and postal code
Enter the full address including, the street address, name of the city/town in which the business is located. Also the applicable province or territory and postal code.
Box 11: Mailing address
If different from the address in boxes 7 to 10, enter the full mailing address to which all correspondence should be sent. Otherwise, leave it blank.
Boxes 12 and 13: Telephone and fax numbers
Enter the main telephone and fax numbers normally used for business purposes including the area code.
Box 14: Email address
Specify the email address to use for correspondence regarding your application.
Box 15: Website (if applicable)
If the business has a web site, provide the URL address.
Box 16: Canada Revenue Agency 15 digit business number
Enter the 15-digit business number that Canada Revenue Agency assigned to the business to make remittance for employee payroll deductions.
Box 17: Name of employer representative, email address and phone number
Please indicate the contact details of the employer representative.
Box 18: Name of employee representative, email address and phone number the name also needs to be included on the attachment A (EMP5101)
Please indicate the contact details of the employee representative of the non-unionized workplace.
Box 19: Name of union representative, email address and phone number (the name also needs to be included on the attachment A (EMP5101))
Please indicate the contact details of the employee representative of the unionized workplace.
Part 2: Add more information – Boxes 20 to 25
Box 20: Description of business – Types of goods/products
Briefly describe what your company does. What products or services your business is offering.
Box 21: Are your employees unionized or non-unionized
Please check the appropriate box to indicate if the employees of the Work-sharing unit are unionized or non-unionized. The box checked should reflect the information provided for the employee representative from question 18 or 19.
Box 22: Total number of employees at this location
Provide the total number of employees at the location you are applying for.
Box 23: Name of bookkeeper or accountant, area code/telephone number
Enter the name of the employee or third party responsible for preparing payroll records, taxes, and issuing of checks. Please also indicate the area code and telephone number to reach this person.
Box 24: Is the layoff or work shortage due to a labor dispute in your establishment, or with a customer, or supplier establishment?
Select Yes, if the work shortage is due to a labour dispute, such as:
- work slowdown
- lockout, or
- work stoppage:
- within the business
- with a customer, or
- with a supplier
Select No, if none of the above applies.
Box 25: What recovery measures will your business be undertaking during the period of the Agreement?
Provide a description of any recovery measures that you will take during the agreement period, to respond to the downturn in business activity. Examples:
- cost-cutting measures
- product development
- incentives to clients, others
Part 3: Work-Sharing unit information – Boxes 26 to 35
Box 26: Average weekly earnings per Work-Sharing unit (include additional income per Work-Sharing unit when calculating earnings (bonuses, tips, etc.))
Enter the average weekly earnings (over the last 6 months) for all participating employees in each Work-Sharing unit. Please use the following formula:
- total weekly gross earnings and additional income of participating employees in the unit
- divided by the number of participating employees in the unit
Box 27: The shortage of work is expected to be: temporary or permanent
Please select whether you expected the shortage of work to be either temporary or permanent.
Box 28: Number of employees to be laid off temporarily should Work-Sharing not be approved (anticipated)
Enter the number of employees that you estimate you will have to temporarily layoff if Work-Sharing is not approved.
Box 29: Number of weeks of temporary layoff should Work-Sharing not be approved (anticipated)
Estimate the number of weeks for which employees will be on temporary layoff, should Work-Sharing agreement not be approved.
Box 30: Number of employees participating in the Work-Sharing program including any employees who were recently laid-off (must match the list of employees in attachment A (EMP5101))
Specify the number of core employees to be included in Work-Sharing unit. Include any employees who will be called back to work from a recent layoff.
Box 31: Are there other company employees who will not be participating in Work-Sharing, but who perform the same job duties as those participating in the program.
If yes, specify the reason the employee(s) were not included in the Work-sharing unit.
If there are employees who will not be included in Work-Sharing, but who have the same job duties as those who are to be included, please select Yes. Specify the reason why there were not placed in the Work-Sharing unit.
Box 32: Will any employee with greater than 40% of shares/ownership of the business be included in the Work-Sharing unit?
Please select Yes, if there are employees to be included in Work-Sharing unit who are also main company shareholders. If not, please select No.
Box 33: Does your business have any planned shut downs? (maintenance shut downs, year-end inventory shut down). Please note that planned shut downs should not exceed 4 weeks.
Indicate whether there are any shut downs planned for the business. If you select Yes, provide the dates (YYYY-MM-DD to YYYY-MM-DD) that you expect the shut down to begin and end.
Box 34: Approximately how many hours/days/shifts of work per week can you offer each employee while they are on the Work-Sharing program
Provide approximated hours, days, and/or shifts of work. Estimate that you will be able to offer each employee who is to participate in Work-Sharing.
Box 35: What is the percentage of reduction in work hours for employees per Work-haring unit (minimum of 10% and maximum of 60%)
Provide the estimated percentage of work reduction for employees per Work-Sharing unit for the duration of the agreement. The average reduction in business activity must be no less than 10% and no more than 60%. For example, for a 40-hour work week, a 10% of reduction in hour hours represents half a day (4 hours) and 60% represents 3 days (24 hours).
The average reduction should be similar to the percentage of expect layoffs (Box 30) within your workforce. For example:
- if an employer submits a request for a 40% reduction in the hours of work
- the employer must indicate there is a need to layoff around 40% of the workforce
Workforce is defined as all employees working at the location of the business. In addition, who are working in the section(s) of the company affected by the shortage of work.
In any given week, the work reduction can vary depending on available work. The work reduction on average over the life of the agreement is between 10% and 60%.
Part 4: Amendment – Box 36
Box 36: Describe the requested change to the agreement and the reason for the change: (please attach a revised attachment A (EMP5101) when changes, additions or deletions are being made to the Work-Sharing unit. Please date each revision)
Describe the change you want to make to your current Work-Sharing agreement. If changes to the Work-Sharing unit (additions, deletions or substitutions), please attach a revised attachment A (EMP5101). Please provide the proposed date of the change for which you would like your amendment to be effective.
Amendment requests should be submitted at least 10 business days in advance of the change and should not be implemented until the employer receives confirmation of approval.
Instructions for completing the Work-Sharing unit Attachment A form (EMP5101)
The following provides instructions for employers completing the Work-Sharing unit Attachment A form (EMP5101).
- Enter the business name of the employer
- Provide the address of the location of the Work-Sharing unit
- Please use a separate form for each Work-Sharing unit
- List employees on the Attachment A who will form the Work-Sharing unit :
- there must be a minimum of 2 employees in a Work-Sharing unit
- you may have more than 1 Work-Sharing unit
- do not include any employees on long-term leave or that you will recall later
- Provide employees occupation/job description
- Indicate employees hiring date YYYY-MM-DD format
- Include each employees normal weekly hours (NWH) :
- NWH are determined based on the regular pattern of work for each individual (over the previous year) prior to any reduction in work hours
- if hours vary from week to week, determine an average over the last year to come up with the NWH for each employee
- employers must advise Service Canada of irregular work schedules. Service Canada will help to determine NWH when irregular work schedules exist
- Ensure that the employee or union representative has signed the Attachment A
- The employee or union representative’s signature indicates that all employees in the Work-Sharing unit agree to participate in Work-Sharing
Note: If you do not have enough room on an Attachment A form, you may use as many copies of the form as required.
The Work-Sharing unit generally includes:
- all employees in a single job description, or
- all employees who perform similar work
However, you may have a Work-Sharing unit for:
- employees who do different work, but whose jobs impact one another. For example, slowdown in business affects one job resulting in less work for another job or jobs. This applies only if all employees in the unit can reduce their hours equally
- employees with different job descriptions. Each unit may have different job descriptions or be from different departments. It is easier to ensure an equal reduction of work for employees that perform different job duties if they are divided into separate units
You must ensure that the members of each Work-Sharing unit authorize an employee representative who will represent them in the agreement. In a unionized workplace, this representative may be a member of union designated by the union. Refer to employee/union representative for more information.
If, during the period of the Work-Sharing agreement, work activity increases, the extra hours of work must be shared equally among all members of the Work-Sharing unit. For example, a group of machine operators and a group of shipper / receivers can only form part of the same Work-Sharing unit if both groups:
- share the available work, and
- reduce their hours equally (that is, same percentage reduction)
Individual employees in the same job description cannot volunteer to participate in Work-Sharing while others:
- decline to participate, and
- continue to work normal hours
Members of a Work-Sharing unit have to reduce their hours of work on an equal basis, including those who:
- do not qualify for Employment Insurance benefit, or
- choose not to accept Employment Insurance benefits (for personal reasons)
In the context of a unionized work environment, there must be:
- an equal reduction of hours, and
- sharing of all available work among members of a Work-Sharing unit. Regardless of any seniority clauses in a collective agreement
Submit the forms
Employers must submit the completed forms, Work-Sharing application form (EMP5100) and the Work-Sharing unit Attachment A form (EMP5101) a minimum of 10 business days prior to the requested start date.
Employers can submit their completed forms by email to their respective region:
Atlantic Provinces: email@example.com
Western Canada and Territories: firstname.lastname@example.org
Service Canada will acknowledge in writing the receipt of the application.
Signing the agreement
By signing the agreement, all parties involved (employer, employer representative, and union and/or employee representative(s)) attest as per the following:
- subject to the terms of the Work-Sharing agreement. They accept that, all information contained in the application provided by the employer, the union(s) or employee representative(s) will be:
- treated as confidential in accordance with applicable legislation, and
- used solely for the purpose of deciding eligibility under the Work-Sharing Program of the project described in the application, and
- in support of research and stats gathering activities
- the employer, the union(s) or employee representative(s) apply for approval by the Commission of their Work-Sharing project. In accordance with Section 24 of Employment Insurance Act and Sections 42 to 49 of the Employment Insurance Regulations. They agree that the preparation and filing of this application does not create any obligation on the part of:
- the employer
- the union(s)
- the employee representative(s), or
- the Canada Employment Insurance Commission
- they understand that deliberately giving false or misleading information for the purpose of entering into a Work-Sharing agreement shall be subject to penalties as provided under the Employment Insurance Act
In addition, the employer agrees to provide such documentation as may be required by the Canada Employment Insurance Commission. This includes copies of payroll records, for purposes of verifying the information provided in the application and monitoring activities.
In the context of COVID-19, the Department is allowing for flexibilities related to signing documents.
Here are the alternative acceptable options that can replace the original signature:
- electronic signature, or
- if the employer or employee representative are not able to provide an electronic signature, we will accept an email confirming the signing of the document(s). All parties involved need to be copied in the confirmation email
- Date modified: