(�{�t0N�' ̅֜Ũ�/ؤ?�(5�2x��Iv3/gS � An initiative by department of jobs, it provides excellent opportunity for qualified professionals. A competent employment/benefits lawyer must be consulted if it is planned that the inducements for a voluntary RIF will vary based on age. ☐ Comply with the laws. Because of this visa, some employers are willing to give you a job offer if you qualify for a critical skill. ☐ Determine the nature of the RIF. General Employment Permits are the primary vehicle used by the State to attract 3rd country nationals for occupations which are experiencing a labour or skills shortage. If you find a job within 12 months, you can extend your Critical Skills Visa for up to 5 years. <>/Metadata 587 0 R/ViewerPreferences 588 0 R>> Equal Employment Opportunity Commission (EEOC) and the jury will not like you. ☐ Identify decision-makers. The Critical Skills Employment Permit is designed to attract highly skilled people into the labour market with the aim of encouraging them to … Voluntary RIFs are most often challenged in the courts on the basis that the process was not truly voluntary, that is, employees were threatened, coerced or misled into taking the package and signing a waiver of claims. endobj It is important to assess ERISA issues early in the planning process and consider such questions as: Are the terms of the proposed voluntary RIF program consistent with the terms of the employer's retirement plan and applicable benefits laws? The last big change was on 6 October 2019 (list published 7 October 2019) when many more people were added under the Shortage Occupation List. Voluntary RIFs (also called "buyouts," and which are sometimes in the form of early retirement incentive plans) often are less disruptive and emotionally painful, and may result in greater long-term cost savings (because employees nearing retirement frequently are among the most highly paid workers and more willing to accept an attractive severance opportunity). RIFs typically are "involuntary" (i.e., the employer identifies the employees to be discharged) or "voluntary" (i.e., the employer offers a severance package to a specified group of employees who individually decide whether to take the package and leave the company). The starting point when bringing in a foreign specialist into your business is the Critical Skills List, which notes the professions where Home Affairs issues Work Permits due to areas where there are shortages of skills. 3 0 obj stream A handout summarizing the available post-employment benefits often simplifies the meetings and minimizes post-meeting follow-up questions. DJEI will shortly introduce a new range of employment permits. Attorney Advertising. DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. The COVID-19 pandemic has popularized states' "work share" programs by which approved employers may reduce employees' hours (often up to 40 percent) and retain them on the payroll while entitling them to a proportionate state unemployment benefit which, in turn, entitles them to the $600 weekly benefit provided by the federal CARES Act. Though not a method of reducing payroll expenses, the recent U.S. Small Business Administration's Paycheck Protection Program (providing forgivable loans to certain employers who keep employees on the payroll) may allow a company to bridge the pandemic to happier times. Medical report for all applicants. This Holland & Knight alert includes a checklist that is designed to provide an overview of the RIF process and assist organizations contemplating personnel "downsizing" to identify the critical elements and legal principles of planning and implementing a RIF. Using the selection criteria, the decision-makers should prepare a confidential preliminary list of jobs/employees to be eliminated in the RIF. The managers should allow the employee to vent but should not engage in argument or debate and should remain firm (not implying that discharge decisions can be changed). Reductions in force are never easy or pleasant but, in these days of COVID-19 will! 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