Options For Employers

If facing a sudden drop in revenue or business caused by COVID-19, an employer has several options for managing its workforce. Below, I set out four options and the financial assistance available from the Government of Canada in respect of each option.

Option One: Dismissal – Permanent Termination of Employment

Results in:

  • Immediate reduction of workforce
  • Potentially, no financial liability*

*The Employment Standards Branch has recently advised that, in some circumstances, a COVID-19-related dismissal may not entitle an employee to notice of dismissal under the Employment Standards Act. The Branch, however, has said that such decisions will be made on a case-by-case basis as complaints are made.

Negative consequences:

  • Loss of potentially valuable employees
  • If no frustration, liability for damages for wrongful dismissal

Available Financial Resources For employees:

  • EI benefits
  • CERB (see Resources)
  • B.C. Emergency Benefit for Workers (see Resources)
  • Ability to work some hours if on EI benefits (see Resources)

Available Financial Resources For employers:

For payment in lieu of notice under the Employment Standards Act:

  • 10% Temporary Wage Subsidy for Employers (see Resources)
  • Canada Emergency Wage Subsidy (see Resources)

Wage subsidies are not available for retiring allowances for severance.

Option Two: Temporary Layoff (up to 13 weeks)

Characteristics:

Temporary layoffs are permitted if:

  • the contract of employment expressly provides for a temporary layoff
  • a temporary layoff is a well-known industry-wide practice
  • the employee agrees to the layoff

A layoff occurs when an employee earns less than 50% of the employee’s weekly wages, at the regular wage, averaged over the previous 8 weeks.

If permitted, results in:

  • a temporary layoff of up to 13 weeks in any in any period of 20 consecutive weeks
  • employee remains an employee

Consequences:

If permitted:

  • could provide an employer with some breathing room while the employer assesses the impact of the pandemic on the business

If not permitted:

  • operates as a termination of employment

Available Financial Resources For employees:

  • EI benefits
  • CERB
  • B.C. Emergency Benefit for Workers
  • Ability to work some hours if on EI benefits
  • SUB, if employer wants to provide it (see Resources)

Option Three: Reduce hours – Work-Sharing Agreement

Characteristics:

  • available for employers for up to 76 weeks
  • available to for-profit and not-for-profit employers who are experiencing a shortage of work
  • agreement between employers, employees and Service Canada
  • available work is redistributed through a voluntary reduction in hours worked by all employees within one or more work units
  • employee’s work reduction must be between 10% and 60%

Consequences:

  • enables the employer to retain a full work force on a reduced work week rather than laying off part of the work force
  • employees are entitled to receive EI benefits for the days upon which they do not work

How to apply:

EMP5100 – Applications for a Work-Sharing Agreement

EMP5101 – Attachment A: Work-Sharing Unit Attachment

Available Financial Resources For employees:

  • EI benefits for the days not working

Available Financial Resources For employers:

  • 10% Temporary Wage Subsidy for Employers
  • Canada Emergency Wage Subsidy

Option Four: Maintain Employment

  • Continue to pay employees

Available Financial Resources For employers:

  • 10% Temporary Wage Subsidy for Employers
  • Canada Emergency Wage Subsidy