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EI on part-time job in Europe

Jurafsky

Star Member
Feb 6, 2017
91
44
Ottawa
Category........
FSW
Visa Office......
Montreal
NOC Code......
4011
Job Offer........
Yes
App. Filed.......
24-11-2019
AOR Received.
25-12-2019
Med's Done....
16-01-2020
VISA ISSUED...
15-06-2020
LANDED..........
21-02-2019
Hello! I'm trying to understand whether I can accept or not a job offer for next Spring. Here's my situation:

I'm a PR and I've been working for 2 years in Canada.
My present temporary job contract will end in February.
In the middle of March, I've been offered a temporary part-time position (internship) in France, in remote: I will stay in Canada.

Now, since it is a temporary part-time position (30 hours; 300 dollars/week) I would like to ask for EI to compensate (or, if Covid19 allows me, have another part-time job).
I've called today Service Canada and it seems that I can claim my EI if:
  1. I will be at least 7 days without a job
  2. I will work less than 35 hours/week
  3. my salary will be less than my total EI
Plus:
4. if the new employer won't pay for EI, I won't accumulate EI since the salary won't be considered as insurable earning.

Can you confirm?

Other questions:
  • The agent told me that I can work max 35 hours, but according to my knowledge, it is considered a "full time" job (so a red flag for EI) 30+ hours... What is your opinion on this?
  • How do I declare this for EI and for taxes?
Thank you for your help
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Hello! I'm trying to understand whether I can accept or not a job offer for next Spring. Here's my situation:

I'm a PR and I've been working for 2 years in Canada.
My present temporary job contract will end in February.
In the middle of March, I've been offered a temporary part-time position (internship) in France, in remote: I will stay in Canada.

Now, since it is a temporary part-time position (30 hours; 300 dollars/week) I would like to ask for EI to compensate (or, if Covid19 allows me, have another part-time job).
I've called today Service Canada and it seems that I can claim my EI if:
  1. I will be at least 7 days without a job
  2. I will work less than 35 hours/week
  3. my salary will be less than my total EI
Plus:
4. if the new employer won't pay for EI, I won't accumulate EI since the salary won't be considered as insurable earning.

Can you confirm?

Other questions:
  • The agent told me that I can work max 35 hours, but according to my knowledge, it is considered a "full time" job (so a red flag for EI) 30+ hours... What is your opinion on this?
  • How do I declare this for EI and for taxes?
Thank you for your help
30 hours is not part-time. 30 hours is considered full-time. You should really be prioritizing finding a full-time position with better pay and it would be much easier to work for an employer in Canada. How long is this internship? You need to be actively looking for work to qualify for EI but you are already working 30 hours a week. You are choosing to work remotely for 30 hours a week so you aren't actually unemployed. You also didn't lose your job but your 2 year contract ended which is very different. Your French employer will not be paying into the Canadian system so you will be self-employed. The way you pay your taxes will change based on being self-employed. Yes your hours will not be considered insurable hours. Taking a low paid internship is a personal choice.
 

Jurafsky

Star Member
Feb 6, 2017
91
44
Ottawa
Category........
FSW
Visa Office......
Montreal
NOC Code......
4011
Job Offer........
Yes
App. Filed.......
24-11-2019
AOR Received.
25-12-2019
Med's Done....
16-01-2020
VISA ISSUED...
15-06-2020
LANDED..........
21-02-2019
30 hours is not part-time. 30 hours is considered full-time. You should really be prioritizing finding a full-time position with better pay and it would be much easier to work for an employer in Canada. How long is this internship? You need to be actively looking for work to qualify for EI but you are already working 30 hours a week. You are choosing to work remotely for 30 hours a week so you aren't actually unemployed. You also didn't lose your job but your 2 year contract ended which is very different. Your French employer will not be paying into the Canadian system so you will be self-employed. The way you pay your taxes will change based on being self-employed. Yes your hours will not be considered insurable hours. Taking a low paid internship is a personal choice.
Hi! I'm taking info right now because the internship contract will be discussed at the end of November, so I'm taking some time to understand what are the rules (never taken EI before) and be sure to sustain myself during these hard times.

Concerning the hours: I can choose how many hours do for the internship. I was confused because I had two different replies from Service Canada: one agent told me that 35 or plus hours is considered as a full-time job, the other told me not to go over 30 hours. I was looking if there is a legal definition, and it seems that there is not - just common use. I think I will go for 29.5 to be sure to have enough time for EI/another job. The internship will last max 6 months (I still have to discuss this part).

Can you explain better this part: "you also didn't lose your job but your 2 year contract ended which is very different. " ? The two agents told me that if I have the minimum of accumulated hours (I have a lot more!) since I didn't quit my job, but my contract ended I should be eligible. Plus, I should have been hired with a permanent contract after these 2 years, but the Canadian branch has been shut down.

That's true it's not a lot of money, but we're in a pandemic, and at the same time is a big opportunity for my career; the enterprise is in Europe, but they have a big branch here where I live so we agreed that after the internship I will have employment here with the needed experience (it's a new domain for me!).

Concerning the self-employed, I'm not sure about this. I will have an internship contract where I have a relation of subordination to respect. My payer will direct and control my actions.
I was reading this revenue-agency :
"
We ask the worker and the payer what their intent was when they entered into the working arrangement. Did the two parties intend to enter into a contract of service (employer-employee relationship) or did they intend to enter into a contract for services (business relationship)?
"
"
Indicators showing that the worker is an employee

  • The relationship is one of subordination. The payer will often direct, scrutinize, and effectively control many elements of how and when the work is carried out.
  • The payer controls the worker with respect to both the results of the work and the method used to do the work.
  • The payer chooses and controls the method and amount of pay. Salary negotiations may still take place in an employer-employee relationship.
  • The payer decides what jobs the worker will do.
  • The payer chooses to listen to the worker's suggestions but has the final word.
  • The worker requires permission to work for other payers while working for this payer.
  • Where the schedule is irregular, priority on the worker's time is an indication of control over the worker.
  • The worker receives training or direction from the payer on how to do the work. The overall work environment between the worker and the payer is one of subordination.
Indicators showing that the worker is a self-employed individual

  • A self-employed individual usually works independently.
  • The worker does not have anyone overseeing their activities.
  • The worker is usually free to work when and for whom they choose and may provide their services to different payers at the same time.
  • The worker can accept or refuse work from the payer.
  • The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration, all of which are generally associated with an employer-employee relationship.
"
 
Last edited:

Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,866
Earth
Hi! I'm taking info right now because the internship contract will be discussed at the end of November, so I'm taking some time to understand what are the rules (never taken EI before) and be sure to sustain myself during these hard times.

Concerning the hours: I can choose how many hours do for the internship. I was confused because I had two different replies from Service Canada: one agent told me that 35 or plus hours is considered as a full-time job, the other told me not to go over 30 hours. I was looking if there is a legal definition, and it seems that there is not - just common use. I think I will go for 29.5 to be sure to have enough time for EI/another job. The internship will last max 6 months (I still have to discuss this part).

Can you explain better this part: "you also didn't lose your job but your 2 year contract ended which is very different. " ? The two agents told me that if I have the minimum of accumulated hours (I have a lot more!) since I didn't quit my job, but my contract ended I should be eligible. Plus, I should have been hired with a permanent contract after these 2 years, but the Canadian branch has been shut down.

That's true it's not a lot of money, but we're in a pandemic, and at the same time is a big opportunity for my career; the enterprise is in Europe, but they have a big branch here where I live so we agreed that after the internship I will have employment here with the needed experience (it's a new domain for me!).

Concerning the self-employed, I'm not sure about this. I will have an internship contract where I have a relation of subordination to respect. My payer will direct and control my actions.
I was reading this revenue-agency :
"
We ask the worker and the payer what their intent was when they entered into the working arrangement. Did the two parties intend to enter into a contract of service (employer-employee relationship) or did they intend to enter into a contract for services (business relationship)?
"
"
Indicators showing that the worker is an employee

  • The relationship is one of subordination. The payer will often direct, scrutinize, and effectively control many elements of how and when the work is carried out.
  • The payer controls the worker with respect to both the results of the work and the method used to do the work.
  • The payer chooses and controls the method and amount of pay. Salary negotiations may still take place in an employer-employee relationship.
  • The payer decides what jobs the worker will do.
  • The payer chooses to listen to the worker's suggestions but has the final word.
  • The worker requires permission to work for other payers while working for this payer.
  • Where the schedule is irregular, priority on the worker's time is an indication of control over the worker.
  • The worker receives training or direction from the payer on how to do the work. The overall work environment between the worker and the payer is one of subordination.
Indicators showing that the worker is a self-employed individual

  • A self-employed individual usually works independently.
  • The worker does not have anyone overseeing their activities.
  • The worker is usually free to work when and for whom they choose and may provide their services to different payers at the same time.
  • The worker can accept or refuse work from the payer.
  • The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration, all of which are generally associated with an employer-employee relationship.
"
EI doesn’t work like that . There’s two components the system looks at to see if an individual is eligible to claim EI benefits
Sufficient hours based upon the unemployment rate in the region the individual lives in and the reason the employee left the job . I’d check to see what code the employer put on your ROE. As mentioned your contract finished. It wasn’t due to shortage of work , but the agreement you had with the employer to work was for a term period . As for what you’re doing now .The work be classified as not insured , since the employer must pay into the EI system for you to be covered . It’s an insurance plan , thus the payments made are insurance payments , no payments, no coverage .

You mentioned that you would have been hired permanently if the division had not shut down . That’s nice , but that is not what Service Canada goes by when determining eligibility. They go by what ACTUALLY happened. Just the facts, nothing more . Lots of things could of happened without the pandemic happening, but it did happen



Reason for Issuing this ROE
There are codes for most situations within the new list of available reasons for separation.



CodeDescription-
A00Shortage of work / End of Contract or Season-
A01Employer bankruptcy or receivershipNEW
B00Strike or lockout-
D00Illness or injury-
E00Quit-
E02Quit / Follow spouseNEW
E03Quit / Return to schoolNEW
E04Quit / Health reasonsNEW
E05Quit / Voluntary retirement
Use this option for voluntary retirement otherwise refer to codes G00 and G07
NEW
E06Quit / Take another jobNEW
E09Quit / Employer relocationNEW
E10Quit / Care for a dependantNEW
E11Quit / To become self-employedNEW
F00Maternity-
G00Mandatory retirement-
G7Retirement / Approved workforce reductionNEW
H00Work sharing-
J00Apprentice training-
K00Other-
K12Other / Change of payroll frequencyNEW
K13Other / Change of ownershipNEW
K14Other / Requested by Employment InsuranceNEW
K15Other / Canadian Forces - Queen's Regulations/OrdersNEW
K16Other / At the employee’s requestNEW
K17Other / Change of Service ProviderNEW
M00Dismissal-
M08Dismissal / Terminated within probationary periodNEW
N00Leave of absence-
P00Parental-
Z00Compassionate care/Family caregiver
 
Last edited:

Jurafsky

Star Member
Feb 6, 2017
91
44
Ottawa
Category........
FSW
Visa Office......
Montreal
NOC Code......
4011
Job Offer........
Yes
App. Filed.......
24-11-2019
AOR Received.
25-12-2019
Med's Done....
16-01-2020
VISA ISSUED...
15-06-2020
LANDED..........
21-02-2019
EI doesn’t work like that . There’s two components the system looks at to see if an individual is eligible to claim EI benefits
Sufficient hours based upon the unemployment rate in the region the individual lives in and the reason the employee left the job . I’d check to see what code the employer put on your ROE. As mentioned your contract finished. It wasn’t due to shortage of work , but the agreement you had with the employer to work was for a term period . As for what you’re doing now .The work be classified as not insured , since the employer must pay into the EI system for you to be covered . It’s an insurance plan , thus the payments made are insurance payments , no payments, no coverage .

You mentioned that you would have been hired permanently if the division had not shut down . That’s nice , but that is not what Service Canada goes by when determining eligibility. They go by what ACTUALLY happened. Just the facts, nothing more . Lots of things could of happened without the pandemic happening, but it did happen



Reason for Issuing this ROE
There are codes for most situations within the new list of available reasons for separation.



CodeDescription-
A00Shortage of work / End of Contract or Season-
A01Employer bankruptcy or receivershipNEW
B00Strike or lockout-
D00Illness or injury-
E00Quit-
E02Quit / Follow spouseNEW
E03Quit / Return to schoolNEW
E04Quit / Health reasonsNEW
E05Quit / Voluntary retirement
Use this option for voluntary retirement otherwise refer to codes G00 and G07
NEW
E06Quit / Take another jobNEW
E09Quit / Employer relocationNEW
E10Quit / Care for a dependantNEW
E11Quit / To become self-employedNEW
F00Maternity-
G00Mandatory retirement-
G7Retirement / Approved workforce reductionNEW
H00Work sharing-
J00Apprentice training-
K00Other-
K12Other / Change of payroll frequencyNEW
K13Other / Change of ownershipNEW
K14Other / Requested by Employment InsuranceNEW
K15Other / Canadian Forces - Queen's Regulations/OrdersNEW
K16Other / At the employee’s requestNEW
K17Other / Change of Service ProviderNEW
M00Dismissal-
M08Dismissal / Terminated within probationary periodNEW
N00Leave of absence-
P00Parental-
Z00Compassionate care/Family caregiver
Ok I will ask to my employer for the ROE. Hope to be inside the case code A:

"you are issuing an ROE because a contract is ending, a season is over, or you are temporarily shutting down operations, use Code A. "

Concerning the hours and deductions, I paid for 2 years and I have more than 1800 hours in the last 12 months so I won't worry too much about that. For the new job, I know, my employer won't contribute to EI with the consequences of the case. Do you know if I can remit EI alone?
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Ok I will ask to my employer for the ROE. Hope to be inside the case code A:

"you are issuing an ROE because a contract is ending, a season is over, or you are temporarily shutting down operations, use Code A. "

Concerning the hours and deductions, I paid for 2 years and I have more than 1800 hours in the last 12 months so I won't worry too much about that. For the new job, I know, my employer won't contribute to EI with the consequences of the case. Do you know if I can remit EI alone?
Your situation is much more complicated. You are becoming self-employed because you are working for an employer abroad while living in Canada. How are you planning on structuring your situation since your EU employer. You can‘t just get paid into your bank account like your Canadian employer and have your employer do all the deductions, give you your tax slips, etc.
 

Jurafsky

Star Member
Feb 6, 2017
91
44
Ottawa
Category........
FSW
Visa Office......
Montreal
NOC Code......
4011
Job Offer........
Yes
App. Filed.......
24-11-2019
AOR Received.
25-12-2019
Med's Done....
16-01-2020
VISA ISSUED...
15-06-2020
LANDED..........
21-02-2019
Your situation is much more complicated. You are becoming self-employed because you are working for an employer abroad while living in Canada. How are you planning on structuring your situation since your EU employer. You can‘t just get paid into your bank account like your Canadian employer and have your employer do all the deductions, give you your tax slips, etc.
I'm sorry I'm not sure to have fully understood your reply.
Is there a legal definition of self-employed other than the one I posted earlier? If yes, could you please post it here?
Concerning the deduction, internship are not taxable in Europe (since the salary is very low), and "
Canadian residents are taxed on income earned worldwide. The income can be from employment earnings, business or rental income, investment income, a pension from another country. In most cases, you must pay taxes in the country where you earned the income.

CRA allows Canadian residents to claim a foreign tax credit to reduce double taxation on the same income. The tax credit offsets the taxes paid to a foreign country, provided a tax treaty is in place with that particular country."
It seems to me that everything is okay if you declare your earnings, which is my intention of course.
I will also call the CRA to be sure however.