Understanding the Concept of Record of Employment

Definition of Record of Employment

The Record of Employment (ROE) is a critical document that plays a significant role in the employment realm. It is issued by employers in Canada to their employees who experience interruptions in their earnings. Suppose an employer lays off, terminates, or offers an employer unpaid leave to an employee. In that case, they provide them with the ROE, which confirms the work history, and it is mainly used to determine whether one qualifies for employment insurance (EI) benefits, the benefit rate, and the benefit duration.

Importance of Record of Employment

The Record of Employment holds immense value to employees, employers, Service Canada, and other government agencies. To the employee, it helps prove their history of employment, especially when seeking benefits. For employers, it safeguards them against potential liabilities that could come about if employees were to claim wrongful dismissal or non-compliance with labor laws. Service Canada, on the other hand, uses the ROE to determine whether an individual qualifies for EI benefits, and if they do, at what rate and for how long.

Components of a Record of Employment

An ROE has various components critical in assessing an individual's employment history and eligibility for benefits. These include the employee's name and address, the social insurance number, the employer's name and address, the first and last day the employee worked, the reason for issuing the ROE, and the total insurable hours and earnings for each week of the pay period. Accurate and complete entries in these fields are crucial in ensuring fair calculation of benefits.

How to Obtain a Record of Employment

Manual Application

One way to get a Record of Employment from former employers is through manual application. This process often entails contacting the employer directly, in person, or via a written request. The employer is then obligated by law to complete the form within five calendar days from the last day of paid work or the day the employer became aware of the interruption of earnings.

Online Application

Another method to obtain your ROE is online through Service Canada's website. Employers can submit the ROE electronically via the ROE Web Service. Once submitted, the employee can view and print the ROE through their My Service Canada Account. This method is increasingly popular as it is more convenient and efficient for both employers and employees.

Through Payroll Service Providers

Companies that outsource their payroll responsibilities to external service providers may have ROEs issued through these firms. The payroll service providers issue ROEs following the same guidelines set by Service Canada. Employees may need to contact the payroll service provider directly to request their ROE, especially if the company has ceased operations.

Understanding Your Rights Regarding the Record of Employment

Employer Responsibilities

Employers are obligated under the Service Canada guidelines to provide the ROE within five calendar days of knowing about the interruption of earnings. They also need to ensure they furnish accurate and complete information on the form. Any deliberate falsification of information can lead to severe penalties, including fines and imprisonment.

Employee Rights

Employees are entitled to the ROE as it is the confirmed record of employment history and earnings. They are also eligible to review the document for accuracy and request any necessary corrections. Employees can also seek legal redress if their employer refuses to issue the ROE or provides false or misleading information on the form.

Disputes Over Record of Employment

Occasionally, disputes may arise regarding the ROE, especially with regards to the reasons for leaving the job. However, there are established guidelines and procedures for handling such disagreements. These include mediation by Service Canada representatives, appeals to the Social Security Tribunal, and finally, recourse to the courts. Ensuring your rights are respected is vital in securing accurate employment records and appropriate benefits entitlements.