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Record of Employment – An Employer's Responsibility

January 19, 2011 - Tags: Employers, Regulations

Istock 000002306439xsmallThe Record of Employment is a record of insurable earnings and hours for employees who leave your business for any reason or experience an interruption in earnings, such as maternity, parental or adoption leave. This document must be filled out within a specific time frame and passed along to the departing employee and to Service Canada.

The responsibility of issuing a Record of Employment falls to you, the employer, as it is used to determine:

  • The individual's eligibility for Employment Insurance benefits
  • The amount of the benefits
  • How long the individual can receive the benefits

When you provide timely, accurate information on the Record of Employment, you help prevent employment insurance fraud and protect the system. The deadline is strict: the record must be filed online or given to the employee within 5 days of the interruption of earnings.

There are two ways to prepare a Record of Employment: online and on paper. Each method requires a different lead time, so it is good to plan ahead. If you order the forms by phone from Service Canada, they will be mailed to you within 4 – 10 business days, depending on your location. However, if you prefer to use the ROE Web program, a designated representative from your company must register in person at a Service Canada Centre before receiving an activation code to be used online. This process could take up to 20 days, but only needs to be done once.

Who can prepare a Record of Employment?

  • The person responsible for payroll preparation within the business
  • Your bookkeeper
  • Your accountant
  • An outside payroll preparation service hired by your business

Service Canada provides more information and detailed instructions on How to Complete the Record of Employment Form. To learn more, see our section on Departing Employees.

Note: Changes have been brought to regulation 19(3) which indicate that only online filing can allow you to submit records within the 5 days following the end of the corresponding pay period (except when a pay cycle has 13 or fewer pay periods).

You do not need to give an employee a paper copy when you submit records electronically.

 

Comments

could you please send me a copy of how much percent do you deduct for income tax and uic for a live in caregiver and cpp.  thanks

By Pablo on January 25, 2011

employers and employees must have a good relationship if it comes to work.The benefits of the employees must be considered.

By govern business on January 25, 2011

Hello Pablo,

The Canada Revenue Agency can help answer all your payroll deduction questions and provide information on deduction percentages for income tax, Employment Insurance (EI), and the Canada Pension Plan. You can reach them at 1-800-959-8281 for general enquiries or at 1-800-959-5525 for business enquiries.

For more information, you can visit their information for business page. To learn more about deductions, visit their payroll page.

Best of luck!

By Canada Business on January 27, 2011

Hello,
We have an employee who is requesting an ROE way back in 2000.  Since we’ve had a systems upgrade in 2004, we can not determine whether we’ve ever issued an ROE for this employee.  Due to the size of our company and the nature of the business, we only issue ROE upon request.  My questions are:
1.  Would Service Canada have a record of the person applying for benefits?
2.  As part of record retention, we would not have the record beyond the seventh year anniversary of the employee’s termination date.  Is it wise to issue/re-issue an ROE?
3.  Do people actually try to apply for benefits after eleven years? Is there no time limit??

Any information given is greatly appreciated.

Thank you for your help in advance.

Sincerely,
Ryse

By ryse on February 18, 2011

what is the penalty if the employer does not submit an roe within the prescribed time period (thereby, delaying the process for an EI claimant)?

is there any regulation or legal statute that speaks to this?

By jeff on March 3, 2011

My spouse delivered our baby last March 11, 2011 and her last date of work was February 05, 2011.  Prior to delivery, our Doctor advised us that she have to be on Full-time bed rest until she delivered the baby, and we applied Disability Leave due to pregnancy issue.

The problem here is, we learned today that her employer has not yet submitted my spouse ROE.  Please advise us, what could be the implications to EI benefits?  Can we still claim the Disablity EI if the employer completed the ROE electronically this week?
It is not our fault the employer is not doing their job and made us believe they already completed the ROE.

Marvin

By Marvin on March 28, 2011

Congratulations on your new baby!

To answer your question about EI benefits, if the employer does in fact complete the ROE this week (or the next), there should be no implications to your spouse’s EI benefits situation other than a delay in processing the claim.

By Canada Business on March 29, 2011

J’aimerais savoir, J’ai terminé mon emploi le 5 mars 2011 et mon employeur a complété mon relevé d’emploi et a inscrit à la case 11 la date de mon 4% qui est le 12 mars 2011. Est-ce correct? je pense que la case 11 du RE aurait du lire la fin de ma période de travail qui est le 5 mars 2011. Je viens tout juste de reçevoir mon Re et mon 4%. Ou aurait-t-il du être inscrit?

Merci beaucoup et bonne journée

Thérèse

By therese on March 29, 2011

If an employer submits an ROE electronically, are they still required to submit one to the employee in paper for their own records?

By Michael on March 30, 2011

Hi Michael,

With ROE Web

By Canada Business on March 30, 2011

bonjour, je suis en congé parental depuis le 5 mai, on est rendu le 11 mai et mon employeur ne m’a toujours pas fourni mon relevé d’emploi sur papier et me donne un délais jusqu’au 19 mai. pouvez-vous intervenir? je ne trouve pas ca correct et non conforme à la loi

By laurent on May 11, 2011

Bonjour,

Si vous éprouvez des difficultés à obtenir votre relevé d’emploi de votre employeur, présentez-vous à votre bureau de Service Canada ou demandez de parler à un agent en composant le 1-800-808-6352 (ATS 1-800-529-3742). Un agent vous indiquera la marche à suivre pour obtenir ce relevé d’emploi ou quels renseignements sont nécessaires au calcul de votre demande.

Bonne chance et bon congé parental.

By Canada Business on May 12, 2011

IF an employer does NOT deduct income tax from an employee’s paycheck by “mistake.”

Who is responsible for the missing deductions when it comes time for the employee to send in his T1 tax form?

By willy on June 2, 2011

I work for an employer that seems to find it difficult to provide a ROE for another coworker who requires an ROE for EI.  This co-worker has dealt with the company HR twice and still has not received his ROE after six weeks.  Is there any law requiring employers to issue a ROE within two weeks of layoff?

By Bri on June 2, 2011

What do you do when you receive an ROE in person from an employer that says you are laid off and you get your benefits and all of a sudden the employer has changed there mind a month and a half later and writes a letter to unemployment stating you quit after you were laid off for no work. Is an ROE a legal binding document or just a paper to throw around???

By Lee-Ann on June 3, 2011

I would like to ask how long is the processing of ROE? What is the timeline from the day my employer applied to the time I can have a copy of my ROE?

Thank you

Muriel

By Muriel on June 6, 2011

Hello, 2 weeks ago my 16 yr old quit her job with a fastfood resto after working there for 13 months.

She has called the employer, showed up at the establishment and sent a text msg to the owner requesting information on her ROE and any outstanding $ that should be paid to her.  There has not been any return contact on the employers behalf.

I know that the employer has 14 days to complete the ROE, but am unsure as to where we should be going from here.  Any assistance appreciated.

By Chris on June 6, 2011

Hi Chris,

Employers are legally required to issue ROEs for departing employees within specific deadlines. These timeframes are detailed in Service Canada’s How to Complete a Record of Employment Form.

By Canada Business on June 7, 2011

Hello Lee-Ann,

You may be able to find out why the ROE was amended and what your options are by visiting your local Service Canada Office. If you prefer to speak to someone over the phone

By Canada Business on June 7, 2011

Hello There,

I was wondering if companies need to submit a ROE when they hire someone or they just need to do so when an employee leaves?

Thank you

Nina

By Nina on June 7, 2011

Hi Bri,

Employers are legally required to issue ROEs for departing employees within specific deadlines. These timeframes are detailed in Service Canada’s How to Complete a Record of Employment Form.

By Canada Business on June 7, 2011

Hi Muriel,

If your employer submitted your Record of Employment (ROE) electronically, you may be able to view and print copies of your ROE that same day using the online tool My Service Account. Note that, if the ROE was submitted electronically, you will not need to submit a copy to Service Canada.

If your employer issued a paper format ROE, they generally should have a copy available for you within 5 business days of your last day of work. You are then responsible for submitting a copy to Service Canada.

For more information about Records of Employment, contact Service Canada toll free by dialling 1-800-263-8364 (TTY 1-800-926-9105).

By Canada Business on June 8, 2011

Hello Nina,

Employers do not need to issue a Record of Employment (ROE) when hiring. Regardless of whether or not the employee intends to file a claim for EI benefits, the employer must issue a ROE:

- Each time an employee working in insurable employment experiences an interruption of earnings
- When Service Canada requests one

For more information about the issuance of ROEs, please visit the When do I have to issue a ROE section of the Service Canada website.”

By Canada Business on June 10, 2011

My work permit expires Sept. 2011, and my employer decided not to hire a live-in caregiver anymore… and no intentions to renew my work permit… so I decided to ask my employer to give me early release… My question is am I entitled for employment benefits? Is quitting a job due to health problems can be a reason also to have employment benefits? Thanks a lot if you can help me with this.

By zoe on June 11, 2011

Bonjour, mon employeur a noté “probation échouée” sur mon relevé d’emploi alors que c’est moi qui ai pris la décision de quitter (départ volontaire).  Est-ce que ça vaut la peine de contester et de demander à mon employeur de changer l’information?  Est-ce que cette information pourrait me nuire dans le futur auprès d’autres employeurs?

Merci d’avance pour l’information.

By Christine on June 13, 2011

Hi,
My boyfriend was recently fired from his job just days under his 3 month probation period. While the ethics used in his termination are questionable, I am trying to find out, after the time period for filing the ROE has elapsed and he still does not have access to his ROE, what can we do to obtain one? We have attempted to contact the employer and are being given the run around. Also, if any, what repercussions could the company face for not adhering to the ROE filing deadline?
Thanks for your time.

By Yolanda on June 14, 2011

Hello Willy,

For questions regarding income tax deductions from your paycheck and the T1 tax form, you may contact Canada Revenue Agency’s individual income tax enquiries line at 1-800-959-8281 (press the star key *, to speak to an agent) or TTY 1-800-665-0354.

By Canada Business on June 14, 2011

Hello Zoe,

Service Canada is able to respond to your specific question regarding EI benefits. You can use the Service Canada toll-free telephone information service at 1-800-206-7218 (TTY 1-800-529-3742) or visit the Contact Information for Employment Insurance page for mail or in person service information.

We hope this information helps.

By Canada Business on June 15, 2011

Hello Yolanda,

Your boyfriend should confirm with his former employer whether or not his ROE will be issued electronically to Service Canada. If not, he may want to contact Service Canada, toll-free, at 1-800-206-7218 or TTY: 1 800 529-3742 to ask for help. He may also visit a Service Canada Centre. In either case, when he requests a missing ROE, an agent will advise him how it can be obtained or what is needed to calculate his claim.

It may be worth noting that employers are legally required to issue ROEs for departing employees within specific deadlines. These timeframes are detailed in Service Canada’s How to Complete a Record of Employment Form.   

Best of luck.

By Canada Business on June 15, 2011

Bonjour Christine,

Pour plus de renseignements au sujet des relevés d’emploi

By Canada Business on June 16, 2011

We hired a fellow to help us out, and he couldn’t live up to his or our standard of work. We let him go after only one day on the job. The fellow is now requesting a ROE for this one day. Are we required to make one?
Thanks for your time.
Cathy

By Cathy on June 18, 2011

Hi Cathy,

Employers are required to issue a Record of Employment (ROE) even under circumstances of early dismissal such as on the first day of employment.

For more information, you may consult Service Canada’s page How to Complete the Record of Employment Form.. Note that if you submit through ROE Web

By Canada Business on June 21, 2011

One of my employee’s went on Medical Leave in Mar-2011, which I already issued Medical ROE for him. In May, we got his doctor’s approved that he is ready return to work but with suggest schedule. Unfortunately we cannot create a shift just for him, so EI office changed his Medical EI Plan to Regular EI Plan. Yesterday we got a resignation email from this employee. Do we need to issue another ROE for him Code: E-Quit?

Thank you,
Vivian

By Vivian on June 30, 2011

Hello Vivian,

Service Canada has posted some information on when you need to submit an amended ROE. Given your particular situation

By Canada Business on July 4, 2011

Hi,

I was let go from my job. The reason I was given at the time was that there was not enough work. I received a letter from my former employer stating that they were looking into changing the reason for my termination from lack of work, to dismissal.

I responded to this letter by stating that there was no just cause for this dismissal, but I have yet to hear back on that matter. I followed up with my former employer via email asking when I would be receiving my ROE and final cheques. They told me that cheque would be the end of the week, and the ROE might be earlier, as they were trying to set up their ROE web account. When should I have my ROE, and can my employer change the terms of my termination after the fact, without giving me a reason, or “just cause” as to why?

By Erin on July 6, 2011

Hi Erin,

If your employer submits your ROE to Service Canada electronically, you do not need to request a paper copy of your ROE for purposes involving Employment Insurance or Service Canada. On the same day your employer submits it, you will be able to view and print copies of your ROE online using My Service Canada Account.

By Canada Business on July 8, 2011

Where can I find persons offering marketing seminars in the GTA ?

By r wormald on July 16, 2011

Hello Amir,

We are sorry to hear you are having difficulty submitting a ROE.

If you have read How to Complete the Record of Employment Form and have already tried to submit through ROE Web and are still having difficulties, you will need to contact Service Canada. You can speak to an Employer Contact Centre agent by calling Service Canada toll free at 1-800-367-5693 (TTY 1-855-881-9874). The Centre is open Monday to Friday from 7 a.m. to 8 p.m., Eastern Standard Time.

If you would like to share your comments with Service Canada on the service received, you may want to contact the Office for Client Satisfaction or fill out their online feedback form.

We hope this information proves to be helpful,

By Canada Business on July 18, 2011

I find that most of these government agencies are not very helpful. Contacted Service Canada about ex employer not submitting ROE, said they would look in to it, but there would be no action taken toward employer. Also contacted Ministry of Labour about non payment of wages will look into it, could take up to 45 days again no action would be taken against employer. I thought these agencies were here to help the worker, I am glad they think I do not need this money, what about the person that might have to buy food or pay rent.

By Lorne on August 25, 2011

Hi Lorne,

If you would like to share your comments with Service Canada on the service received, you may want to contact their Office for Client Satisfaction or fill out their online feedback form. Your Ministry of Labour may have a similar feedback process.

By Canada Business on August 26, 2011

I left a previous employer in June 2011 and I keep being told by them the process to get an ROE is going to take another month. Is it normal to have to wait 2-3 months for this form? I think they maybe did not have a registered business?

By Andrew on August 29, 2011

Hello Andrew,
 
If you are having difficulty obtaining your ROE from your employer, Service Canada should be able to help. Go to your Service Canada Centre or call 1 800 206-7218. An agent will advise you how the ROE can be obtained or what is needed to calculate your claim. More information can be found online.
 
Good luck in getting your situation resolved.

By Canada Business on August 30, 2011

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