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| == B. Suitable Employment == | | == B. Suitable Employment == |
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| A claimant must accept suitable work but is not required to take work considered not suitable. Most of the criteria that define ‘suitable work’ are contained in the ''Employment Insurance Regulations'' s 9.002-9.004. They are as follows: | | A claimant must accept suitable work but is not required to take work considered not suitable. Most of the criteria that define ‘suitable work’ are contained in the EI Regulations s 9.002-9.004. They are as follows: |
| *“the claimant’ s health and physical capabilities allow them to commute to the place of work and to perform the work” (9.002(a)) | | *“the claimant’s health and physical capabilities allow them to commute to the place of work and to perform the work” (9.002(1)(a)) |
| *“the hours of work are not incompatible with the claimant’s family obligations or religious beliefs” (9.002(b)) | | *“the hours of work are not incompatible with the claimant’s family obligations or religious beliefs” (9.002(1)(b)) |
| *“the nature of the work is not contrary to the claimant’s moral convictions or religious beliefs” (9.002(c)) | | *“the nature of the work is not contrary to the claimant’s moral convictions or religious beliefs” (9.002(1)(c)) |
| *"the daily commuting time to or from the place of work is not greater than one hour or, if it is greater than one hour, it does not exceed the claimant’s daily commuting time to or from their place of work during the qualifying period or is not uncommon given the place where the claimant resides, and commuting time is assessed by reference to the modes of commute commonly used in the place where the claimant resides” (9.002(d))
| | *The employment does not arise in consequence of a stoppage of work attributable to a labour dispute (EI Act, s 27(2)) |
| *“by accepting the employment, will not be put in a less favourable financial situation than the less favourable of (i) the financial situation that the claimant is in while receiving benefits, and (ii) that which the claimant was in during their qualifying period.” (9.002(f))
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| *The employment does not arise in consequence of a stoppage of work attributable to a labour dispute (''Employment Insurance Act'', s 27(2)) | |
| *The level of earnings meets the requirements in ''EIR'' s 9.004 (see below)
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| *The similarity of the employment to the claimants past employment meets the requirements in EIR s 9.003. (see below)
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| The level of earnings and similarity of employment required vary based on how often the claimant has claimed EI benefits. Claimants are broken into three categories for the purpose of determining what constitutes suitable work. Employment Insurance Regulations (SOR/96-332)s 9.003 categorizes as follows:
| | === 1. Proof of Search for Suitable Employment === |
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| === 1. Long-Tenured Workers === | |
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| A claimant who has paid into EI seven of the past ten years and who has claimed 36 weeks or less of regular benefits in the past five years is considered a long-tenured worker. During the first 18 weeks of their EI claim in which they claim regular benefits, they need only accept jobs in their previous occupation that pay 90% of their previous wages. Following that, they must accept any jobs in similar occupations that pay 80% of their previous earnings.
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| === 2. Frequent Claimants ===
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| Claimants who have had three or more claims totalling 60 weeks or more in the past five years are considered frequent claimants and must be willing to accept a wider range of employment. For the first six weeks of their claim in which they claim regular benefits they must accept jobs in similar occupations with 80% of their previous earnings. Following that, they must accept any job paying 70% of their previous wages.
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| === 3. Occasional Claimants ===
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| Claimants who do not fit into either category above are considered occasional claimants. In the first six weeks in which they claim regular benefits, they must accept jobs in their previous occupation that pay 90% of their previous earnings. For the twelve weeks following that, they must accept jobs in similar occupations paying 80% of their previous earnings. Following that, they must accept any job paying 70% of their previous wages.
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| === 4. Proof of Search for Suitable Employment ===
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| Section 50(8) of the ''EI Act'' requires that a claimant prove he or she is making “reasonable and customary” efforts to obtain suitable employment. Again, this emphasizes the importance of keeping a job search record, which the claimant should update daily. The criteria are further elaborated in ''Employment Insurance Regulations'' (SOR/96-332) s9.001: | | Section 50(8) of the ''EI Act'' requires that a claimant prove he or she is making “reasonable and customary” efforts to obtain suitable employment. Again, this emphasizes the importance of keeping a job search record, which the claimant should update daily. The criteria are further elaborated in ''Employment Insurance Regulations'' (SOR/96-332) s9.001: |
