- 主题发起人 Flying Dragon
- 发布时间 2007-12-16
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回复: 有关EI的申请和案例
楼主助人为乐，好人。
我最后一份工作做了六周后被laid off,能申请EI吗？52周内工作的小时数足够了，ROE上是A,我能申请EI吗？因为最后一份工作才六周时间，我不确定，麻烦楼主解答。
还有其中一份工作在西人中介才工作了一天，需要去拿ROE表吗？对方会给吗？
楼主助人为乐，好人。
我最后一份工作做了六周后被laid off,能申请EI吗？52周内工作的小时数足够了，ROE上是A,我能申请EI吗？因为最后一份工作才六周时间，我不确定，麻烦楼主解答。
还有其中一份工作在西人中介才工作了一天，需要去拿ROE表吗？对方会给吗？
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回复: 有关EI的申请和案例
估计不到飞龙大侠这么快就解答了，谢谢。
我是怕中介不给一天的ROE，如果拿不到，不会EI受阻，或需要什么解析手续吧？
估计不到飞龙大侠这么快就解答了，谢谢。
我是怕中介不给一天的ROE，如果拿不到，不会EI受阻，或需要什么解析手续吧？
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回复: 有关EI的申请和案例
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由版主最后编辑: 2013-01-19
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回复: 有关EI的申请和案例
申请EI一般4周内有结果.
全职上学对申请会有影响,要向政府汇报.但说得合理,还是可能继续拿来EI的.前面有筒子也是这样的情况.可查查查看.
什么时候申请病假EI了,已批准了?为何辞职了?
申请EI一般4周内有结果.
全职上学对申请会有影响,要向政府汇报.但说得合理,还是可能继续拿来EI的.前面有筒子也是这样的情况.可查查查看.
回复: 有关EI的申请和案例
楼主你好，前几个月我咨询过你，现在请你看看这个连接：
http://www.gov.pe.ca/labour/index.php3?number=1022319&lang=E
我没超过48小时/每周，二周只有93小时，我还能以此理由申请EI吗？不过我在上一公司他们确实超过80小时给加班费了。
楼主你好，前几个月我咨询过你，现在请你看看这个连接：
http://www.gov.pe.ca/labour/index.php3?number=1022319&lang=E
我没超过48小时/每周，二周只有93小时，我还能以此理由申请EI吗？不过我在上一公司他们确实超过80小时给加班费了。
但从劳工局网上看,超过40小时就算OT.按劳动法应该是可以的,但在这我也不能冒然地说辞职100%可以获EI.谨慎为好.
http://www.labour.gov.bc.ca/esb/facshts/hours_of_work_and_overtime.htm
Weekly overtime
An employee who works more than 40 hours in a week must be paid time-and-a-half after 40 hours. This applies even if the employee never works more than eight hours in a day.
Only the first eight hours worked each day are used to calculate total hours for weekly overtime.
Total hours worked in the week: 45
Hours paid at time-and-a-half: 5
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回复: 有关EI的申请和案例
看来不行。各省的规定不一样呀,bc省的是40小时，安省规定的是44小时。PEI省规定要超48小时才算.
http://www.labour.gov.on.ca/english/es/pubs/guide/overtime.php
Overtime
For most employees, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual workers, overtime begins after they have worked 44 hours in a work week. After that time, they must receive overtime pay.
Overtime Pay
Overtime pay is 1 times the employee's regular rate of pay. (This is often called "time and a half.")
For example, an employee who has a regular rate of $12.00 an hour will have an overtime rate of $18.00 an hour (12 x 1.5 = 18). The employee must therefore be paid at a rate of $18.00 an hour for every hour worked in excess of 44 in a week.
看来不行。各省的规定不一样呀,bc省的是40小时，安省规定的是44小时。PEI省规定要超48小时才算.
http://www.labour.gov.on.ca/english/es/pubs/guide/overtime.php
Overtime
For most employees, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual workers, overtime begins after they have worked 44 hours in a work week. After that time, they must receive overtime pay.
Overtime Pay
Overtime pay is 1 times the employee's regular rate of pay. (This is often called "time and a half.")
For example, an employee who has a regular rate of $12.00 an hour will have an overtime rate of $18.00 an hour (12 x 1.5 = 18). The employee must therefore be paid at a rate of $18.00 an hour for every hour worked in excess of 44 in a week.
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回复: 有关EI的申请和案例
什么理由而搬家？
Holiday 也视情况。
Paid Holidays
http://www.gov.pe.ca/labour/index.php3?number=1022265&lang=E
什么理由而搬家？
Holiday 也视情况。
Paid Holidays
http://www.gov.pe.ca/labour/index.php3?number=1022265&lang=E
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回复: 有关EI的申请和案例
Who Qualifies for Paid Holidays:
Not all employees qualify for these holidays. In order to have a day off with pay for these holidays, an employee must:
Paying an Employee for a Holiday
If an employee meets the three qualifications listed above and is given the day off, the employer must pay a regular day's pay for that holiday. If the employee's hours of work change from day to day, or if wages change from pay to pay, the employer could average hours or wages over 30 previous days to calculate what to pay the employee for the holiday.
An employee who qualifies for the paid holiday but who is not scheduled to work on the paid holiday is entitled to another day off with pay.
Calculating a Wage When the Employee Works on a Holiday
An employee who works on a holiday and who is qualified to be paid holiday pay is entitled to receive the following:
从以上内容来看，如果符合三大要件，不上班的话可获正常的薪水支付；如果上班的话，不但可获正常薪水，还得再支付1.5倍薪水；也可选择另一天带薪补休。
如果，发现雇主有以上不合规定行为，首先要先它提出意见，当然是书面形式较好，而它拒绝更正，个人认为辞职是可以获EI的。符合
http://www.servicecanada.gc.ca/eng/ei/types/regular.shtml#additional
中的红字规定。
you leave your employment voluntarily but you believe you have valid reasons for doing so?
You may have excellent reasons for leaving your employment voluntarily, but this does not mean that you have just cause for leaving your employment. Before deciding to leave your employment, you should always analyze the problem and use the measures or reasonable alternatives available to you to fix the situation. If you leave your employment without considering all the measures or reasonable alternatives available to you, you will need to explain why you did not consider these measures or reasonable alternatives.
Depending on the circumstances, the reasons listed below may be just cause for leaving your employment voluntarily:
If your employer is permanently reducing its work force and offers you the option of leaving your job to protect the job of a co-worker, we consider that you had just cause for leaving your employment voluntarily. However, the company you work for must show that the downsizing is permanent and that your resignation allowed the company to protect the job of another employee. If your employer gives you the option of leaving your job within the context of a work-force reduction, it is best to first consult an EI agent before making a decision. You should not assume that you will automatically be entitled to receive benefits.
Other reasonable circumstances may be considered to be just cause for leaving an employment voluntarily. However, while you may be considered to have just cause for leaving your employment in certain situations, there may be doubts as to your availability for work. An example of this is a person who leaves an employment to look after a child or a member of the person's family. If you are not sure whether you can establish just cause for leaving your employment voluntarily, contact us for more information.
===
2、如果要搬家而申请EI，那就是首先要辞职。从上面的内容来看，跟随配偶或所依靠的子女而搬家是可获EI的。以前有筒子的经验是，在别处买房，以此为由而申请获批，这个没明确的规定，可左可右，如果没它法，或许可一试。为确保获批，可在申请前向Service Canada咨询一下。
1、http://www.gov.pe.ca/labour/index.php3?number=1022265&lang=E
Who Qualifies for Paid Holidays:
Not all employees qualify for these holidays. In order to have a day off with pay for these holidays, an employee must:
- be employed for/with the same employer for 30 calendar days prior to the holiday
- have earned pay on at least 15 of the 30 calendar days before the holiday
- have worked his/her last scheduled shift before the holiday and his/her first scheduled shift after the holiday.
Paying an Employee for a Holiday
If an employee meets the three qualifications listed above and is given the day off, the employer must pay a regular day's pay for that holiday. If the employee's hours of work change from day to day, or if wages change from pay to pay, the employer could average hours or wages over 30 previous days to calculate what to pay the employee for the holiday.
An employee who qualifies for the paid holiday but who is not scheduled to work on the paid holiday is entitled to another day off with pay.
Calculating a Wage When the Employee Works on a Holiday
An employee who works on a holiday and who is qualified to be paid holiday pay is entitled to receive the following:
- the amount the employee would have normally received for that day; plus,
- one and one-half times the employee's regular rate of wages for the number of hours worked on that holiday;
- regular rate of wages for the number of hours worked on that day; plus,
- another day off with pay for the equivalent hours worked.
从以上内容来看，如果符合三大要件，不上班的话可获正常的薪水支付；如果上班的话，不但可获正常薪水，还得再支付1.5倍薪水；也可选择另一天带薪补休。
如果，发现雇主有以上不合规定行为，首先要先它提出意见，当然是书面形式较好，而它拒绝更正，个人认为辞职是可以获EI的。符合
http://www.servicecanada.gc.ca/eng/ei/types/regular.shtml#additional
中的红字规定。
you leave your employment voluntarily but you believe you have valid reasons for doing so?
You may have excellent reasons for leaving your employment voluntarily, but this does not mean that you have just cause for leaving your employment. Before deciding to leave your employment, you should always analyze the problem and use the measures or reasonable alternatives available to you to fix the situation. If you leave your employment without considering all the measures or reasonable alternatives available to you, you will need to explain why you did not consider these measures or reasonable alternatives.
Depending on the circumstances, the reasons listed below may be just cause for leaving your employment voluntarily:
- you are a victim of sexual or other harassment, or you are a victim of discrimination because you belong to an association, organization, or union of workers;
- you need to accompany your spouse or dependent child to another residence;
- you are a victim of discrimination;
- your working conditions are dangerous to your health and safety;
- you need to care for a child or a member of your immediate family;
- you have reasonable assurance of another employment in the immediate future;
- your wages or salary have been significantly changed, or your employment conditions have changed to the extent that they have significantly impacted your wages or salary;
- you are asked to work an unreasonable amount of overtime or your employer refuses to pay you for the overtime work;
- your duties have changed significantly;
- you experience antagonism with a supervisor, and you are not primarily responsible for the antagonism;
- your employer has certain practices that are contrary to law; or
- you are unduly pressured by your employer or your co-workers to leave your employment.
If your employer is permanently reducing its work force and offers you the option of leaving your job to protect the job of a co-worker, we consider that you had just cause for leaving your employment voluntarily. However, the company you work for must show that the downsizing is permanent and that your resignation allowed the company to protect the job of another employee. If your employer gives you the option of leaving your job within the context of a work-force reduction, it is best to first consult an EI agent before making a decision. You should not assume that you will automatically be entitled to receive benefits.
Other reasonable circumstances may be considered to be just cause for leaving an employment voluntarily. However, while you may be considered to have just cause for leaving your employment in certain situations, there may be doubts as to your availability for work. An example of this is a person who leaves an employment to look after a child or a member of the person's family. If you are not sure whether you can establish just cause for leaving your employment voluntarily, contact us for more information.
===
2、如果要搬家而申请EI，那就是首先要辞职。从上面的内容来看，跟随配偶或所依靠的子女而搬家是可获EI的。以前有筒子的经验是，在别处买房，以此为由而申请获批，这个没明确的规定，可左可右，如果没它法，或许可一试。为确保获批，可在申请前向Service Canada咨询一下。
回复: 有关EI的申请和案例
2、如果要搬家而申请EI，那就是首先要辞职。从上面的内容来看，跟随配偶或所依靠的子女而搬家是可获EI的。以前有筒子的经验是，在别处买房，以此为由而申请获批，这个没明确的规定，可左可右，如果没它法，或许可一试。为确保获批，可在申请前向Service Canada咨询一下。[/QUOTE]
谢谢楼主详尽的解答！
关于搬家是否能申请EI，我问过service canada，他们回答我之前没人以此为由申请过，所以他们也不知道是否能或批，无语！
2、如果要搬家而申请EI，那就是首先要辞职。从上面的内容来看，跟随配偶或所依靠的子女而搬家是可获EI的。以前有筒子的经验是，在别处买房，以此为由而申请获批，这个没明确的规定，可左可右，如果没它法，或许可一试。为确保获批，可在申请前向Service Canada咨询一下。[/QUOTE]
谢谢楼主详尽的解答！
关于搬家是否能申请EI，我问过service canada，他们回答我之前没人以此为由申请过，所以他们也不知道是否能或批，无语！
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回复: 有关EI的申请和案例
谢谢楼主详尽的解答！
关于搬家是否能申请EI，我问过service canada，他们回答我之前没人以此为由申请过，所以他们也不知道是否能或批，无语！[/quote]
因没明文规定，谁也把握不准，只能靠审办人的意断。但如果符合“你是必须要搬”这一要件的话，是可以获批的。
谢谢楼主详尽的解答！
关于搬家是否能申请EI，我问过service canada，他们回答我之前没人以此为由申请过，所以他们也不知道是否能或批，无语！[/quote]
因没明文规定，谁也把握不准，只能靠审办人的意断。但如果符合“你是必须要搬”这一要件的话，是可以获批的。
