What would real job loss insurance look like?

How is it even possible to extend EI to the self-employed? Would they lay themselves off?

by Andrew Coyne on Thursday, July 2, 2009 8:00am - 24 Comments

What would real job loss insurance look like?Let’s suppose, for one mad, impetuous moment, that the coming bipartisan discussions on reforming employment insurance have something to do with reforming Employment Insurance. Bit of a stretch, I know, but just supposing. What would a reformed plan look like? What might the two parties come up with, if they were at all, you know, serious?

They might start by changing the name, or I should say unchanging it. It was Lloyd Axworthy who changed Unemployment Insurance to Employment Insurance, a piece of linguistic legerdemain that might be described as Orwellian if it weren’t so bloody obvious about it. You insure yourself in case something you hope will not happen does—hence fire insurance, flood insurance, accidental death and dismemberment insurance. In the same way, unemployment insurance pays benefits in the event of involuntary unemployment. Whereas employment insurance would seem intended to help you get past a temporary, unavoidable spell of employment.

Which, come to think of it, is a more or less accurate description of the system as it now stands. For a great many Canadians, Employment Insurance is not something they claim in the rare and unpredictable event that they lose their jobs. It is something they claim every year, as predictably as the changing of the seasons—exactly so, in what are known as the “seasonal industries.” It is as if the holder of a fire insurance policy were to claim for each of a calamitous series of annual house fires. And yet the system continues to pay out benefits, year after year, as generously as if they were first-time claimants.

Or rather, more generously: benefits are actually easier to obtain in regions where unemployment is relatively high—a plausible-sounding policy, were it not the case that these regions suffer such perennially high unemployment rates in part because of the easy availability of unemployment insurance. It’s pointless to debate whether those who claim benefits on such a persistent basis—as little as 420 hours of work, about 11 weeks, for as much as 37 weeks’ benefits—are malingerers, or merely responding to incentives. What’s inarguable is that the system effectively subsidizes employment in the seasonal industries, out of the premiums paid by industries with more stable employment records. Workers are encouraged to remain in industries where they are likely to become unemployed, not least because the system makes it pricier to hire them for anything else.

So any reform worthy of the name cannot restrict itself to meeting the short-term needs of workers caught in the grip of a deep recession. It should rather aim to put the insurance back into . . . whatever we wind up calling it. Yes, that means dispensing with regional variations in eligibility requirements, as everyone now seems to agree we should, in favour of one national standard. And yes, that cannot responsibly be achieved by bringing everyone down to the lowest standard of eligibility—still less reducing it to 360 hours, as the opposition proposes. Even capping minimum eligibility requirements at 560 hours in areas where unemployment is less than 10 per cent (currently these can range as high as 700 hours), as a recent TD Bank study has proposed, would cost another $500 million—though presumably this could be offset by raising the bar to the same level in other parts of the country.

But an insurance system should be based on insurance principles. At a minimum, that should include “experience-rating” of premiums, at least for the employer-paid portion, to eliminate the current cross-subsidization of one industry by another. Premiums in industries with a history of heavy use of the system would go up; premiums in more stable industries would go down. We would also do well to follow the C.D. Howe Institute’s suggestion, and set premiums with a view to balancing the books over the business cycle, rather than on an annual basis, as at present—a policy that, perversely, means raising premiums in bad times and lowering them in good, exaggerating swings in unemployment rather than tempering them.

Fine so far. But as much as unemployment insurance should be about insurance, it should also be about, well, unemployment. Over time, the system has been stretched to cover a number of other, ancillary concerns: first job training, then maternity benefits. These would be better funded out of general revenues: after all, why should job training be provided only to those eligible for unemployment insurance, and not to all workers? Is maternity leave really the sort of catastrophic event for which insurance was designed?

Either we move these social benefits out from under the umbrella of unemployment insurance or, inevitably, there will be calls to expand the system itself to cover those it now excludes. Indeed, that is happening now. Among the subjects the Conservatives and Liberals plan to discuss this summer is how to extend unemployment insurance to the self-employed—not just maternity benefits, as the Tories proposed in their last election platform, but basic unemployment benefits. How is this even possible? What will they have to do—lay themselves off?

Not that I expect such common sense from the journeyman pols appointed to the working group. That suggests an additional reform: take the politics out of it. Supposedly this was the point of the Tories’ new Canada Employment Insurance financing board, which will be responsible for setting premiums in the future. So why not quarantine the system from political interference more generally? Leave decisions about system design to an independent board of directors, with a single mandate: to make unemployment insurance about unemployment insurance.

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  • knick

    "…make unemployment insurance about unemployment insurance."
    Exactly.
    The whole discussion of unemployment insurance has been skewed by politicians looking for votes.
    Why can't the unemployed be treated in the same fashion as the retired – everyone pays into the fund while they are working, and they are entitled to the same benefits based on their contributions as everyone else in the country.
    The notion that the self-employed want or need unemployment insurance is absurd. What most self-employed want is to be able to run their business with the least amount of government involvement.

  • wml

    It is also very easy to point fingers to those the program should benefit when one is not in that situation.

    The self employed should have the same availability as those that are not. These are hard working people that don't ask much of anyone, and contribute immensely to the country's economics.

    Personally, I do know some of these hard working people that collect GST, and various other forms of taxation for Federal and Provincial governments that are now in dire straights as a result of the current economic turmoil.

    They can and will pay the required premiums as everyone else – and sure there will be glitches on how to apply fair and equitable employment insurance for these people. But hey, there are solutions to patch the glitches – such problems as laying themselves off etc. etc. every problem has a solution, just find it as opposed to criticizing or opposing.

    • Mulletaur

      Okay, so let's hear your solutions to 'patch the glitches' – eligibility requirements being fundamental rather than a minor problem, as you indicate.

      • wml

        I didn't say I had the answers (Even if I had nobody would listen)….I said there are solutions to problems – from people that are far more knowledgeable than you or I. In simpler words just get off their fat asses and find a solution, and present a solution that benefits all, and not just a select few.

        The EI program is not a cash cow for the unemployed….It's a cash cow for the government…witness the surplus prior to dumping it into the general account of the government.

  • wml

    Hey Mulletaur, I hadn't realized that you were the guy that had written the piece above mine. Looks like we are on the same page generally speaking.

    Originally I was thinking your reply to my piece was an attack on my suggesting that the self employed should be entitled to EI. Your question I see now was legit…..however, I am old and tired, and can hardly offer anything by way of solutions to problems, but I am aware of social injustices, and do my best to articulate that fact.

    Nice piece above. Take care.

    • Mulletaur

      Thanks, wml. They probably won't listen to me either, but that won't be for lack of trying ;->

      • CDP

        Well, now that you two have kissed and made-up, I'd like to offer some personal insight into the issue of EI (or UI) for the self-employed. I am self-employed and until April, had a contract with a major bank which was to last until Dec/09. In March, they exercised the 30 day escape clause and I was done. All for reasons of optics, so I was told. As you know, no one is really interested in hiring Consultants these days (and no, I am not one of those e-health high-priced Consultants – I'm just a regular shmo), so I've effectively been unemployed, and looking since April. I have never availed myself of EI benefits in my entire working life. As self-employed individuals, if we are able to issue T4's, I don't see why I could not issue myself some sort of separation form, with supporting documentation that my contract was severed unexpectedly. And then like all other EI (or UI) claimants, I would be eligible for the benefit subject to all regular qualifications, and of course subject to ongoing proof that I'm working my ass off to find another job. See, there are solutions…but you're right, the hacks in charge have to be problem solvers as well.

        • Mulletaur

          I am sorry about your current state of unemployment, CDP, and hope you find work soon.

          If you are employed, and you are fired with cause, you don't qualify for EI benefits. You also don't qualify if you voluntarily leave your job. Andrew's point on this is : how could the same criteria for eligibility be applied to self-employed people ? Looking at it another way, to make the system fair while including the self-employed, being fired or leaving voluntarily could no longer be a barrier to those who are employed qualifying for EI as there is no way to make these provisions equal for the self-employed.

          • CDP

            I hear you. And I agree with many of your and AC's points and suggestions. And while I may have a "simple" solution to my own personal situation (how novel right?), the issue of EI for the self-employed at all levels can become extremely complex. I guess I'm a little naive thinking that maybe, just maybe, there are still some smart individuals in government who can come up with that "well conceived scheme". Thanks for your thoughts – they are well appreciated.

        • wml

          You illustrate my point very well CDP…. and there are thousands more in your very same predicament (through no fault of yours nor theirs.) Safety nets should be made available to all, and not to only to a select few. Can't understand why some people reject the fact of rendering aid to those that are in need in justifiable circumstances…especially those willing to pay a premium for EI. We should be a nation of equal opportunity and not cherry pick who should or should not be eligible for advantages.

          Best wishes to you in future endeavours. Nothing lasts forever, soon one day this current nightmare will go away. Take care.

  • wilson

    Maybe EI should be an accumulated benefit over your own entire working life, like CPP is.
    As it stands now, the seldom unemployed are subsidizing the frequently unemployed. Not fair.

    Why not combine the two programs, then those who seldom/never collect (majority of Canadians) increase their pensions with unused EI premiums;
    and those who want maternity or education leave, are drawing on their insurance/pension plan.

    Seasonal workers and their employers should pay higher premiums.

    • Mulletaur

      "Maybe EI should be an accumulated benefit over your own entire working life, like CPP is."

      I think that's a pretty good idea. It should be like the 'no claims bonus' – you don't make any claims, you get a cash bonus that is paid directly into your RRSP from time to time – say 5 years. You make benefits claims, you lose your no claims bonus, but at least you get your pogey when you need it.

      • deleted1868081

        Ya mean kinda like the Trawna city workers sick time bank ? That would be good.

        • Mulletaur

          No, actually nothing like that at all. The Toronto city workers you refer to are able to bank all of their sick days as long as they work and get a cash payment for their full value when they retire. What I am proposing is more like an incentive payment nowhere near the full value of EI contributions made by an individual. Also, it should be a benefit of the plan which is extinguished upon either taking the incentive payment or drawing pogey, at which point, the clock on the 5 year qualifying period starts all over again.

          I have no brief for the CUPE workers on strike in Toronto. But I would point out that the whole idea of being able to bank sick days was to give workers incentives not to take them. Studies have since shown that they have no value in this regard, so are a disproportionate expense for the benefit they are supposed to confer. That is why most government departments have abolished sick day accumulation. Except the People's Republic of Toronto under Miller, of course.

  • Gaunilon

    "Premiums in industries with a history of heavy use of the system would go up; premiums in more stable industries would go down. "

    Makes sense to me, but good luck with that. The phrase "tax breaks for the rich" comes to mind. Any politician who broaches it would get crucified.

  • Art Campbell

    Really Andrew! A bit of propaganda in your article when discussing EI premiums:

    "At a minimum, that should include “experience-rating” of premiums, at least for the employer-paid portion".

    EI premiums are part of the pay package. There is no employer portion or employee portion. The employee NEVER sees what is called his contribution. This same terminology is used in employer sponsored pension plans. There are at least three descriptions for the same effect. Paid by employer, paid by employees and shared cost. All the same. The employee never sees the so-called employee contribution. It is part of the pay package. The employer ends up controlling part of the employees pay package for life.

  • Art Campbell

    Poor choice of words in my post. Misinformation should have been used instead of propaganda. It made me suspicious of your other statements.

    People, at least the people I know, think that having the employer pay for the pension, or pay for part of it, or part of EI is a good thing.

    Please, Andrew, look at EI contributions and pension benefits, and health care benefits, as part of the pay package. Educate your readers. "Employer contribution" diverts attention. It can even cause an argument, a useless argument,

  • http://www.intensedebate.com/people/truemuse Karen Krisfalusi

    The main objective behind insuring employment is to keep workers attached to the workforce. When there are many other factors at play that push workers away from Ei insured employment it becomes harder for the EI program to fulfill its objective. I don't know that Andrew Coyne would support a government 'benefit' to any person without income to survive, yet this is the moral, ideological and practical problem to be addressed. Recently the California governor made a move to cancel welfare. We have to be careful in Canada now that we have a richer population than the US that we don't adopt this harsh idea. I would like to hear politicians say firstly : Canadians without work or means of support will get financial help. Then I would like to hear them say: The financial help delivered will be fairly distributed to all Canadians. Then I want to hear: "Employers will be treated fairly and the government will assist them with a joint plan to help them attract and maintain workers". No-one is saying these types of things!

    The issue of job training should not be thought of as a government responsibility. In the last two decades employers have abdicated much of their responsibility to develop employees. I think if the government will help with job insurance and give RD grants, that Employers should do the rest. The government should be there to enforce employment standards.

    As for maternity benefits, there are many, many issues that come to bear when a child is born. 1 in 6 children are supported by a lone parent. Parental income splitting devised by the government requires use of the court system and this is very impractical and stressful. A self-employed person who becomes a lone parent could face catastrophic financial ruin. Lone low-income parents could also face ruin and reduced income for the remainder of their lives. I'm not sure what qualifies as 'catastrophic' for Andrew Coyne, but in my book, maternity leave should be understood by all Canadians to be a time in which people are going through adjustments and employers and governments are there not only to help ease the transitions, but to learn how to do it well. Education and healthcare are the biggest expenditures, and government involvement to ease the transitions of parenthood pays off in the end.

  • Steve M

    You insure yourself in case something you hope will not happen does—hence fire insurance, flood insurance, accidental death and dismemberment insurance.

    Life insurance?

    Sorry, couldn't help it, even though I agree with most of Andrew's points.

  • madeyoulook

    Man, Andrew, it's like you read my mind, or at least, my comments on EI/UI here at Blog Central. It's not insurance the way anyone defines insurance. Including the self-employed is an invitation for massive fraud. Parental benefits and other social engineering gimmickry has nothing to do with actual insurance. Making it easy to obtain benefits in regions and industries with high-risk of job losses only encourages people to stick around in these high-risk-to-jobs regions & industries. From my brain to your keyboard…

  • deleted1868081

    Then there's always this , which Mr. Coyne would view with empathy …..

    http://www.ottawasun.com/news/canada/2009/07/04/1…

  • Mike T.

    I only read the title and first half of the first paragraph, but I imagine creating some sort of effective and objective criteria to determine when the self-employed are eligible for EI would take less time than finishing the article.

  • http://www2.macleans.ca/ Janice Rose

    Good points Karen. As Andrew alluded, I think materniity benefits should be separate from the EI program; that they could maybe come from general revenue. And I agree with you that when a woman takes time from work to have a baby it should be given special attention by all relevant stakeholders.

    Regarding self-employment unemployment insurance, I am a self-employed consultant, and no matter how I look at it, it would be tricky since there are feast or famine situations throughout the year, somewhat like seasonal workers. Just brainstorming here, but maybe we could pay premiums, then have to go before a peer group of self-employed's when we have a serious gap in contracts. Perhaps as an incentive to get more people to start their own businesses, they have a once-in-five year opportunity to apply for EI as long as they pay premiums.

    • madeyoulook

      May I propose an alternative that is far less susceptible to the complicated government machinery you are conjuring? Save during your feast years so you may not starve during the famine. And yer done…

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