Temporary special measures for the downturn in the forestry and aluminum and steel sector - Applicant guide

From: Employment and Social Development Canada

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A. Introduction

Work-Sharing (WS) is an Employment Insurance (EI) program that helps employers and employees avoid layoffs when there is a temporary decrease in business activity beyond the control of the employer. The program provides EI benefits to eligible employees who agree to reduce their normal working hours and share the available work while their employer recovers. The goal of the program is for all participating employees to return to normal working hours by the end of the agreement.

The employer and the employees (and the union, if applicable) must agree to participate in a WS agreement and must apply together.

It is important to understand the WS program eligibility before applying. Please read all the information provided in this document and discuss it with your employees by providing them with the Employee Guide.

B. Work-Sharing temporary special measures

Downturn in the forestry sector

Effective July 30, 2017 to March 28, 2020, the Government of Canada is introducing temporary special measures that will extend the maximum duration of WS agreements from the current 38 weeks to 76 weeks, and waive the mandatory waiting period between agreements.

This measure will be available nationally to all eligible employers who can demonstrate that the decrease in work activity they are experiencing is directly or indirectly related to the downturn in the forestry sector.

The following outlines the measures available to employers:

If an employer's agreement is signed between July 30, 2017 and March 28, 2020 (with an agreement start date no later than March 29, 2020) or begins or ends between July 30, 2017 and March 28, 2020, then

  • they may be eligible for a 38-week extension for a total of 76 weeks.

If an employer's agreement ended between October 30, 2016 and July 29, 2017, then

  • they can waive the mandatory waiting period, and apply for a new agreement with a maximum possible duration of 76 weeks.

Downturn in the steel and aluminum sector

Effective August 19, 2018 to March 27, 2021, the Government of Canada is introducing temporary special measures that will extend the maximum duration of WS agreements from the current 38 weeks to 76 weeks, and waive the mandatory waiting period between agreements.

This measure will be available nationally to all eligible employers who can demonstrate that the decrease in work activity they are experiencing is directly or indirectly related to the downturn in the steel and aluminum sector.

The following outlines the measures available to employers:

If an employer's agreement is signed between August 19, 2018 and March 27, 2021 (with a start date no later than March 28, 2021) or begins or ends between August 19, 2018 and March 27, 2021, then

  • they may be eligible for a 38-week extension for a total of 76 weeks.

If an employer's agreement ended between November 25, 2017 and August 18, 2018, then

  • they can waive the mandatory waiting period, and apply for a new agreement with a maximum possible duration of 76 weeks.

C. Program eligibility

Who can apply?

Employers

To be eligible for a WS agreement, your business must:

  • be experiencing a recent decline in business activity of at least 10%
  • be experiencing a recent decline in business activity directly or indirectly related to the downturn in the forestry sector
  • demonstrate that the shortage of work is temporary, beyond your control and not a cyclical/recurring slowdown
  • be a year-round business in Canada for at least two years
  • be a private business, a publicly held company or a not-for-profit organization
  • have at least two employees in the WS unit
  • be willing to implement a recovery plan to support the on-going operations and viability of the business

Employees

To be eligible for WS, your employees must:

  • be year-round, permanent, full-time or part-time employees needed to carry out the day-to-day functions of the business (your "core staff")
  • be eligible to receive EI benefits
  • agree to reduce their normal working hours by the same percentage and to share the available work

Who cannot apply?

Employers

Your business is not eligible for WS if:

  • it is experiencing a reduction in business activity due to:
  • a labour dispute
  • a seasonal shortage of work
  • a pre-existing and/or recurring production slowdown
  • the decrease in business activity is due to a recent increase in the size of the workforce

Employees

Employees that are not eligible include:

  • seasonal employees and students hired for the summer or a co-op term
  • employees hired on a casual or on-call basis, or through a temporary help agency
  • employees who are needed to help generate work and/or who are essential to the recovery of the business (for example, senior management, executive-level marketing/sales agents, outside sales representatives, technical employees engaged in product development, etc.)
  • employees who hold more than 40% of the voting shares in the business

D. Program information

Shortage of work

To be eligible for the WS program, employers must demonstrate that they have experienced a decrease of at least 10% in sales and/or production levels within the last six months. The decline in business activity must be directly or indirectly related to the downturn in the forestry or steel and aluminum sector.

Work-Sharing unit

A WS agreement may be composed of one or more WS unit(s). A WS unit is a group of employees with similar job duties who agree to reduce their hours of work over a specific period of time. The unit generally includes all employees in a single job description, or all employees who perform similar work. There must also be at least two employees in a WS unit.

The WS unit should not include employees who are needed to help generate work and/or employees who are essential to the recovery of the business (for example senior management, executive level marketing/sales agents, outside sales representatives technical employees engaged in product development, etc.). These individuals should be working full-time in support of the company’s recovery plan. Other supervisors and managers are eligible to participate and may be included in the WS unit – as long as they are not involved in recovery efforts.

Equal sharing of work

All members of a WS unit agree to reduce their hours of work by the same percentage and to share the available work. If, during the period of the WS agreement, work activity increases, the additional hours of work must be shared equally among all members of the unit.

Expected work reduction

A WS unit must reduce its hours of work by at least 10% (one half day) to a maximum of 60% (three days). The reduction of hours can vary from week to week, as long as the average reduction over the course of the agreement is from 10% to 60%.

Individual employees in the same job description cannot volunteer to participate in WS while others decline to participate and continue to work normal hours. Members of a WS unit who do not qualify for EI benefits or who (for personal reasons) choose not to accept EI benefits, are still required to reduce their hours of work by the same percentage.

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 WS unit regardless of any seniority clauses in a collective agreement.

The proposed reduction in work hours should correspond with the number of anticipated temporary layoffs. 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 approximately 40% of the workforce. Workforce is defined as all employees working at the location of the business, and who are working in the section(s) of the company affected by the shortage of work.

Agreement length and extension

A WS agreement has to be at least 6 consecutive weeks long and can last up to 26 consecutive weeks. Employers may be able to extend their agreements by another 12 weeks, for a total of 38 weeks.

The 2017 WS temporary special measures for the forestry sector downturn introduced a 38-week extension, which brings the maximum duration of a WS agreement to 76 weeks.

Extensions are not automatic; all requests for an extension must be assessed and approved by Service Canada. Employers must submit an extension request at least 30 days prior to the end date of their WS agreement. The request for an extension must provide reasons why recovery was not achieved and must demonstrate a continued reduction in business activity that would result in the layoff of one or more employees. The employer must provide an updated recovery plan with a list of activities that will take place during the agreement that will support the on-going operations and viability of the business.

Employee/union representative

The members of each WS unit must authorize an employee who will represent them in the agreement. The employee representative must be a member of the WS unit, except in the case of a unionized workplace where the authorized employee representative may be a member of, and designated by the union, and therefore, may not be part of the WS unit. This individual will normally be referred to as the union representative. The employee/union representative acts as the delegate and voice for all employees in a WS unit. The employee representative works with the employer in the WS application process and is responsible for communicating the needs and relaying any issues or concerns of the WS participants to the employer.

As well, the employee/union representative will ensure that the employees know what to expect when participating in a WS agreement and provide them with a copy of the signed agreement and the Employee Guide. The employee/union representative must agree to what is stipulated in the WS application and the WS agreement by signing both documents.

Employer representative

The employer must designate a member of their staff as employer representative, and that person must have signing authority for the company. The employer representative must not be a member of the WS unit, due to their obligations to the WS agreement.

E. Developing your application

If you are applying for a new agreement or had a WS agreement that ended between October 30, 2016, and July 29, 2017 (for the forestry sector) or between November 25, 2017 and August 18, 2018 (for the steel and aluminum sector), you must submit the following documents:

  1. A) EMP 5100 - Application for a Work-Sharing Agreement 
  2. EMP 5101 - Attachment A: Work-Sharing Unit Attachment  - signed by each employee (for non - union agreements) or by a union representative
  3. EMP 5105 – Attachment B: Recovery Plan for special measures
  4. Sales and/or production figures for the last two years

If you have a 38-week agreement in place, and are applying for the 38-week extension, you must submit the following documents:

  1. B) EMP 5103 - Amendment to a Work-Sharing Agreement 
  2. EMP 5101 - Attachment A: Work-Sharing Unit Attachment  - signed by each employee (for non- union agreements) or by a union representative
  3. EMP 5105 – Attachment B: Recovery Plan for special measures
  4. Sales and/or production figures for the last two years

The section below explains how to complete the documentation required and what type of information should be included:

1. A) Form EMP 5100 - Application for a WS agreement

Please see Annex A for detailed instructions on how to complete this form.

All boxes of the application form must be completed, and the document must be signed by the authorized employer representative, the authorized employee representative and the union representative (if applicable). 

1. B) Form EMP 5103 – Amendment to a WS agreement form

Please see Annex B for detailed instructions on how to complete this form.

All boxes of the application form must be completed, and the document must be signed by the authorized employer representative, the authorized employee representative and the union representative (if applicable). 

2. Form EMP 5101 - Attachment A: List of employees in the WS unit

The Attachment A lists all employees who are participating in a WS agreement (in other words, the members of the WS unit). All non-union employees must sign the Attachment A; their signature indicates that they agree to participate in Work-Sharing and to reduce their hours of work. The Attachment A must also be signed by the employee representative.

Union employees are not required to sign the Attachment A; however, the employee/union representative must sign the document on their behalf. The employee/union representative’s signature indicates that all union employees in the WS unit agree to participate in WS and to reduce their hours of work.

3. Form EMP 5105 - Attachment B: Recovery Plan for special measures

A Recovery Plan is a key requirement of the WS agreement. The Recovery Plan must outline the activities the company will implement over the course of the WS agreement to support the on-going operations and viability of the business.

There are four sections to the Recovery Plan:

Section A: General business history

This section should include information on the following: type of goods produced and/or services provided, number of years in business, location of head office and other office locations, description of business, number of employees and branches, number of unionized and/or non-unionized employees, typical clients, previous WS agreements, etc.

Section B: Measures taken before applying to WS

This section should include a description of any measures taken to respond to the downturn in business activity before applying for the Work-Sharing Program (i.e. layoffs, re-structuring, reducing hours, etc.)

Section C: Measures taken during the WS agreement and expected results

This section should include a description of activities that will take place during the course of the Work-Sharing agreement to support the on-going operations and viability of the business, as well as the expected results of the activities.

Examples of activities could include:

  • Cross-training employees / skills development
  • Reduce discretionary spending (ex. executive bonuses, overtime)
  • Leveraging existing technology to improve productivity
  • Limiting outsourcing by improving in-house capability
  • Finding new markets / product diversification
  • Improving service to clients

This section should also indicate progress on any activities listed in a previous Recovery plan.

Section D: Impact of non-approval

This section should contain a brief overview of the expected impact on the employees, business, community, and/or the local labour market if your Work-Sharing application is not approved.

4. Sales figures for the last 24 months

As part of the Application form (Box 29 of form 5100), you must submit a record of sales and/or production figures, and employment levels over the last 24 months – preferably in a Word or Excel document. These figures should include the month prior to submitting the application, and should be broken down by month.

For example, an application submitted in July 2017 must include figures from July 2015 to June 2017, inclusive. Note: Following receipt of the WS application, Service Canada may request figures for future months as well.

Submit your completed application containing all four documents at least 30 days before the requested start date. Please note that all agreements must begin on a Sunday.

Applications can be sent to Service Canada by mail. You will be informed in writing to acknowledge receipt of your application.

You may have to provide additional documents to help verify the information provided in your application.

F. Other considerations

Employee guide

You must provide your employees with a copy of the Employee Guide before applying to the WS program, to ensure that employees are informed of all aspects of the WS Agreement.

Size of Workforce

Employers must not increase the size of their workforce during a WS agreement, but may replace core-employees who choose to leave. Note: For businesses with multiple departments, the departments that are not participating in WS (in other words no employees form part of a WS unit) may increase staff as required.

Subsequent application for a Work-Sharing agreement

Employers must serve a mandatory waiting period before they are eligible to begin a new WS agreement involving the same employees who participated in a previous WS agreement. The waiting period is equal to the number of weeks of the previous agreement, up to a maximum of 38 weeks. Note: If the previous agreement was in place for 76 weeks, the waiting period would equal 38 weeks.

You may submit an application for a new WS agreement involving a different group of core employees at any time; however, you must demonstrate that the work shortage is caused by new unforeseen and uncontrollable circumstances.

Training activities

Skills enhancement may take place during the period of a WS agreement, whether it is on-the-job training or off-site courses. Training activities for members of the WS unit may be included in the Recovery Plan to support business recovery. Upon initiating training activities, arrangements between the employer and employees should be made to ensure that training activities will be carried to term in the event of an unanticipated recovery in the business activities.

The salary costs of employees taking part in training during normal scheduled working days/hours are not compensated through the WS agreement. Employees may take part in training during the non-working days/hours of the WS agreement (in other words during days/hours missed due to participation in WS) and are compensated through the WS agreement.

The employer may not specifically or intentionally reduce the scheduled working hours of employees in a WS unit in order to allow employees to take part in training. The working days/hours of employees in a WS unit must only be reduced based on the demonstrated reduction in business activity and projected reduction in work activity.

In the event of partial or full return to normal business levels, and if recovery could be impeded by employees’ continued participation in training activities, employees may be requested by the employer to return to work.

Agreement monitoring

All WS agreements are monitored at least once by Service Canada.

The purpose of monitoring is to determine the extent to which the objectives of the WS program are being achieved and to ensure the WS agreement is implemented as agreed to by all parties. Monitoring increases the likelihood that the agreement will succeed by providing on-going opportunities to support the employer and plan for any needed adjustments.

The Service Canada Program Officer will contact the employer and employee representatives directly. Employers may be asked to provide payroll records. Some WS agreements may be subject to an on-site monitor involving a visit by Service Canada officials to the employer’s premises.

During the WS agreement, the employer must regularly report the total hours worked, the hours missed due to participation in WS and hours missed due to any other reasons for each member of the WS unit via a weekly Utilization Report. The Utilization Report submitted by the employer is necessary for the payment of WS benefits and is the primary method of monitoring a WS agreement. (See Employer Responsibilities Guide for more information on this).

G. Assesment of the application

We will review your application to ensure that:

  • it contains the required information
  • the information provided is valid and correct
  • it meets all program requirements

All information regarding your application will be kept confidential. We will send you a letter to acknowledge that we have received your application, and we will inform you in writing once your application has been approved or denied.

Once a WS application is approved, the agreement must be signed within 60 calendar days following the approval date. As well, a signed agreement that is not implemented within 60 calendar days of the start date (indicated in section 5b of the articles of agreement) will be terminated. In both cases, if you still wish to participate in the WS program, a new application will need to be submitted.

H. Approval

Service Canada officials will inform you of the status of your application. All decisions on applications, whether rejected or approved, will be confirmed in writing.

Decisions regarding the assessment of applications are final. There is no appeal process for the rejection of a WS application.

I. Employer responsibilities

Once your application has been approved, please refer to the Employer Responsibilities Guide for important information on managing your agreement.

Annex A: Instructions for completing the WS application form

The following provides instructions for completing the Work-Sharing application form (EMP 5100); the box numbers listed correspond to the application form.

Part 1 - Employer information

  • Name of employer (box 4) – Provide the name by which the business is commonly known.
  • Date business established in Canada (box 5) - Enter the date the business was established in Canada (at the location that is submitting the application).
  • Legal name of employer (box 6) - Enter the legal name of your organization. This is the name that is associated with your registration with the Canada Revenue Agency.
  • Street address (box 7) - Enter the street address of the business location applying for Work-Sharing, if it is different from the mailing address.
  • City/town and Province/Territory (boxes 8-9) - Enter the full name of the city/town in which the business is located, as well as the applicable province or territory.
  • Postal code (box 10) - Enter the valid postal code for the business location.
  • Mailing address (box 11) - Enter the address to which all correspondence is to be sent if different from the address indicated in boxes 7 to 10.
  • Telephone and fax numbers (boxes 12-13) - Enter the main telephone and fax numbers normally used for business purposes.
  • E-mail address (box 14) - Specify the e-mail address that you wish to be used for future correspondence regarding your application.
  • Web Site (box 15) - If the business has a web site, provide the Internet address.
  • Canada Revenue Agency taxation no. (box 16) - Enter the 15-character number that the Canada Revenue Agency assigned to the business for making remittances for employee deductions.
  • Name and title of authorized employer representative (box 17) - Enter the name and title of the representative with legal signing authority for the business who is submitting the application and who will sign the agreement.
  • Telephone number (box 18) - If the employer representative uses a different number than the main telephone number for the business, enter it here.
  • Total number of employees at this location (box 19) - Enter the number of people employed within your company at the location of business identified in Box 7.
  • Name of union official (box 20) - If there are employees within your company who are members of a union, you must supply the name of the union steward. This is the person who will sign the Work-Sharing agreement on behalf of the unionized employees in the Work-Sharing unit.
  • Telephone number (box 21) - Enter the full telephone number for the union steward (if applicable).
  • Union name and local no. (box 22) - Provide the name and local number of the union that represents all union employees included in the Work-Sharing unit.
  • Name of employee representative (box 23) - Provide the name of the person representing the non-unionized employees in the Work-Sharing unit.
  • Telephone number (box 24) - Enter the full telephone number for the employee representative for non-unionized employees (if applicable).
  • Name of bookkeeper/accountant (box 25) - Enter the name of the employee responsible for preparing payroll records, taxes, and issuing of cheques.
  • Telephone number (box 26) - If the bookkeeper/accountant has a different telephone number than the business telephone number, enter it here.
  • Submission of one or more applications to other Service Canada Centres? (box 27) – Indicate whether your company (including other offices in Canada with the same company name) has recently submitted an application(s) for Work-Sharing to any other Service Canada Centre(s). If you select “Yes”, provide the specific location(s) where you submitted the other application(s) (for example 125 East 10th Avenue, Vancouver, British Columbia).
  • Record of sales/production and employment levels (box 28) - The record must clearly detail the employer’s gross sales or production as well as the number of employees (at the location identified in box 7) over the past 24 months, broken down by month.
  • Cause and duration of work shortage (box 29) – Provide a detailed explanation for the cause of the work shortage, how it has affected your business, and its expected duration (for example downturn in the forestry or steel and aluminum sector (See Annex C for example of industries related to these sectors), problems obtaining raw materials, unexpected market shifts, changes in the industrial sector or local labour market, etc.)
  • Labour dispute (box 30) – If the work shortage is due to a labour dispute, such as a work slowdown, strike, lockout or work stoppage, within the business or with a customer or supplier, select “Yes.” Otherwise, select “No.”
  • Recovery plan (box 31) – How to complete the recovery plan template:

    Section A: General business history 

    This section should include information on the following: type of goods produced and/or services provided, number of years in business, location of head office and other office locations, description of business, number of employees and branches, number of unionized and/or non-unionized employees, typical clients, previous WS agreements, etc. 

    Section B: Measures taken before applying to WS

    This section should include a description of any measures taken to respond to the downturn in business activity before applying for the Work-Sharing Program (i.e. layoffs, re-structuring, reducing hours, etc.)

    Section C: Measures taken during the WS agreement and expected results

    This section should include a description of activities that will take place during the course of the Work-Sharing agreement to support the on-going operations and viability of the business, as well as the expected results of the activities.

    Section D: Impact of non-approval

    This section should contain a brief overview of the expected impact on the employees, business, community, and/or the local labour market if the Work-Sharing application is not approved.

Part 2 – Work-sharing unit information

  • Average weekly earnings per Work-Sharing unit (box 32) - Enter the average weekly earnings (over the last six months) for all participating employees in each Work-Sharing unit using the following formula: total weekly gross earnings of participating employees in the unit divided by the number of participating employees in the unit.
  • Duration of work shortage (box 33) - Select the option that best describes the nature of the work shortage. If the work shortage is temporary, indicate the number of weeks the shortage is expected to last.
  • Return to normal hours of employment (box 34) - Indicate the date (in YYYY-MM-DD format) that you anticipate all employees to return to normal working hours.
  • Number of temporary layoffs should Work-Sharing not be approved (box 35) - Enter the number of employees that you will have to temporarily lay off if your Work-Sharing application is not approved.
  • Number of weeks of temporary layoff (box 36) - Specify the number of weeks for which employees will be on temporary layoff, should Work-Sharing not be approved.
  • Number of employees on Work-Sharing (box 37) - Specify the number of core employees to be included in Work-Sharing and include any employees who will be called back to work from a recent layoff.
  • Other employees not on Work-Sharing (box 38) - 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.”
  • Employee Shareholders (box 39) - If there are employees to be included in Work-Sharing who are also company shareholders, please select “Yes”.
  • Are there any planned shut-downs? (box 40) - 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.
  • Hours/days/shifts of work per week while on Work-Sharing (box 41) - Provide an approximation of the hours, days, and/or shifts of work that you will be able to offer each employee who is to participate in Work-Sharing.

Part 3 - Costs

  • Number of weeks (box 42) - Specify the number of Work-Sharing weeks that you are requesting. The minimum required for a Work-Sharing agreement is 6 weeks and the initial maximum is 26 weeks.
  • % reduction of work hours (box 43) - Provide the estimated schedule of work reduction for the duration of the agreement; the average reduction in business activity must be no less than 10% and no more than 60%. The average reduction should be comparable to the percentage of anticipated layoffs (Box 37) within your workforce. (See section B, subsection ix, for the definition of “workforce”.)
  • Requested start date of the Work-Sharing agreement (box 44) – Indicate the date (in YYYY-MM-DD format) on which you would like your Work-Sharing agreement to begin. (Date must be a Sunday.)

Signature of Employer, Union and/or Employee Representative(s)

It is important that the parties involved, i.e. the employer and union and/or employee representative(s) understand that by signing the Work-Sharing application, they are making an attestation as per the following.

  • They accept that, subject to the terms of the Work-Sharing agreement, 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 determining eligibility under the Work-Sharing program of the project described in the application, and in support of research and statistical gathering activities.
  • The employer, the union(s) or employee representative(s) make application for approval by the Commission of their Work-Sharing project in accordance with Section 24 of Employment Insurance Act and Sections 42-49 of the Employment Insurance Regulations but agree that the preparation and filing of this application does not create any obligation on the part of the employer, the union(s), 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, including copies of payroll records, for purposes of verifying the information provided in the application.

Annex B: Instructions for completing the amendment form

The following provides instructions for completing the Amendment to a Work-Sharing Agreement form (EMP 5103); the box numbers listed correspond to the application form.

  • Name of employer (box 1) – Provide the name by which the business is commonly known.
  • E-mail (box 2) - Specify the e-mail address that you wish to be used for future correspondence regarding your application.
  • Mailing address (box 3) - Enter the address to which all correspondence is to be sent if different from the address indicated in boxes 7 to 10.
  • Canada Revenue Agency taxation no. (box 4) - Enter the 15-character number that the Canada Revenue Agency assigned to the business for making remittances for employee deductions.
  • City/town and Province/Territory (boxes 5 and 6) - Enter the full name of the city/town in which the business is located, as well as the applicable province or territory.
  • Postal code (box 7) - Enter the valid postal code for the business location.
  • Area code and telephone number (box 8) - Enter the main telephone and fax numbers normally used for business purposes.
  • Name of employer representative (box 9) - Enter the name and title of the representative with legal signing authority for the business who is submitting the application and who will sign the agreement.
  • Telephone number (box 10) – Enter the telephone number of the company representative.
  • Area code and fax number (box 11) – Enter the area code and fax number of the company representative.
  • Name of employee/union representative (box 12) - Provide the name of the person representing the non-unionized employees in the Work-Sharing unit. If there are employees within your company who are members of a union, you must supply the name of the union steward. This is the person who will sign the Work-Sharing agreement on behalf of the unionized employees in the Work-Sharing unit.
  • Telephone number (box 13) – Enter the telephone number of the employee/union representative.
  • Area code and fax number (box 14) – Enter the area code and fax number of the employee/union representative.
  • Describe requested change to agreement (box 15) – Provide a description of the type of change being made to the agreement (i.e. extension of weeks due to continued downturn related to forestry sector (see Annex C for definition of forestry sector), additions/deletions to the WS Unit, substitutions within the WS unit, a change to the company’s legal name, change of employer/employee representative, early termination.)
  • Reason for change (box 16) – Describe the reason for the changes required to the WS agreement (in other words downturn in the forestry or steel and aluminum sector, employees that have retired, etc.)
  • Consequences of refusal (box 17) – Describe the consequences to the company should the requested changes not be approved by Service Canada.
  • Proposed date of amendment change (box 18) – Provide the date on which the change will occur.

Signature of employer, union and/or employee representative(s) (box 19)

It is important that the parties involved, i.e. the employer and union and/or employee representative(s) understand that by signing the Work-Sharing form EMP 5103, they are making an attestation as per the following.

  • It is understood that deliberately giving false or misleading information for the purpose of entering into a Work-Sharing agreement shall be subject to the 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, including copies of payroll records, for purposes of verifying the information provided in the application.

Annex C: Examples of industries in the forestry and steel and aluminum sector *

Forestry sector

  • Sawmilling and wood preservation
  • Forestry and logging
  • Support activities for forestry industry
  • Other wood products manufacturing

Steel and aluminum sector

  • Iron and steel mills and ferro-alloy manufacturing
  • Steel product manufacturing from purchased steel
  • Alumina and aluminum production and processing

*Lists are non-exhaustive

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