If a preliminary inquiry indicates that an individual intentionally failed to notify the WSIB of a material change, the matter may be referred to Stakeholder Compliance Services (see 22-01-05, Criminal Offences and Penal Penalties – General). When assessing workers` workplaces, employers should also consider whether there have been other significant changes in the terms and conditions of approved employment, such as a substantial change in work duties, a change in job classification, or a reduction in wages. Other changes, such as the addition of direct reports or promotions to higher levels of responsibility, may also be considered significant. An example would be a promotion from an individual employee role as an engineer to a supervisory role as an engineering manager. Such changes may be considered substantial changes requiring an amended H-1B petition. The Board concluded that the report of the special auditor of the professional institution confirmed the relevance of Company A`s earnings forecast from August 2012 to February 2013. This report also confirmed that Company A would incur significant losses in the following months if it did not lay off a number of employees. Therefore, this evidence could serve as a basis to prove that Company A`s production and management situation was in serious difficulty and that the objective economic circumstances in this case had changed significantly. In addition, according to evidence such as the decision of the board of directors, letters of communication with employees, the union`s statement, the notice of unilateral termination of the employment contract and other related evidence submitted by Company A, Company A had complied with the legal procedures for terminating an employment contract in accordance with the law. Thus, both procedurally and substantively, the termination was in accordance with the applicable laws and regulations. The Arbitration Board therefore dismissed Mr. Ding`s claim for compensation for unlawful termination of the employment contract.

Benefit adjustments resulting from material changes take effect on the date of the change. If an individual does not report a material change within 10 calendar days, the necessary adjustments are more likely to result in a performance liability. The second paragraph of section 22 of the Code also provides that the conditions of employment may be modified at any time by mutual agreement between the parties. If a person is unsure whether a change is a material change that could affect eligibility, they should report it so that the WSIB can make a decision. Major changes in working conditions are those that can affect workers both individually and collectively. Section 22. – `Any substantial change in working conditions by the employer on the basis of the employment contract, the employment rules annexed to the contract and similar sources or practices at the workplace may be made only after informing the employee in writing. Changes that do not comply with this procedure and are not accepted in writing by the employee within 6 (six) working days are not binding on the employee. If the employee does not accept the offer of change within this period, the employer may terminate the employment contract subject to the notice period, provided that the employer indicates in writing that the proposed change is based on a valid reason or that there is another valid reason for dismissal. In this case, the worker may bring an action in accordance with the provisions of Articles 17 and 21. Substantial changes in working conditions and termination of employment contracts resulting from such substantial changes are governed by Article 22 of the Labour Code No 4857 (hereinafter referred to as the “Code”).

The article reads as follows: The reasons for this mobility and for major changes in working conditions must be economic, technical, organisational and production-related. This is indicated in the judgment of the Supreme Court of 06.03.2014 with the number 2012/36916E. 2014/7357K. that the proposed amendments and termination, together with their justifications, be communicated in writing in order to be considered valid. All relevant rights and obligations arising from the employment relationship are considered “working conditions”. In light of section 22 of the Code, all relations between employees and employers arising from the Constitution, the Codes, the contract of employment, the collective agreement, the Staff Regulations, other similar sources and labour practices are accepted as “conditions of employment”. While the Labor Court has the authority to assess in each case whether the changes made by the employer are material or not, the movements listed below outside the geographic area indicated in the initial request for working conditions (LCA) and petition H-1B require certification of a new LCA by the U.S. Department of Labor and require an amended H-1B petition. The employee can only start working at the new location after the employer has submitted the amended application. The SIB confirmed that moving the H-1B employee to the same geographic area does not require an amended H-1B petition as long as all other essential terms and conditions of employment remain the same. If changes occur frequently, the WSIB can advise the person on how to report them. For example, a commission seller may be asked to report their income monthly rather than on each sale.

The crux of the present case is to determine whether the situation of undertaking A constituted a `substantial change in objective circumstances`. The Arbitration Panel and the Court of First Instance ruled on this point. The Board concluded that Company A had made the decision to reduce its workforce due to the economic environment and reduced order volumes and, according to the auditor`s forecast report, Company A would indeed suffer an unsustainable loss if no severance pay was taken; This situation could be regarded as a substantial change in objective circumstances. However, the court found that this decision was a subjective commercial decision of company A aimed at reducing its economic pressure and that company A`s situation did not reach a level such as the employment contract with M. Ding could not be executed; It is therefore not regarded as a substantial change in objective circumstances. In fact, there is no detailed legal standard for determining whether a particular situation constitutes a material change in objective circumstances in practice, and it relies primarily on the discretion of the arbitrator or judge depending on the actual situation of the case. Foster will continue to monitor changes in CIS enforcement initiatives and will provide additional information in future immigration updates and on our firm`s website in© www.fosterglobal.com. It is important to distinguish between a transfer and a secondment.

A transfer involves a change of habitual residence for a period of more than three months, while geographical mobility should not exceed 12 months in any three-year period. The Court of First Instance found that Company A was unable to maintain the “large quantity with low profit” profit scheme because of the remarkable reduction in order volume. Under severe pressure from labor costs, Company A had to downsize to alleviate the pressure of declining profits. This situation is contrary to the rule of “substantial change of objective circumstances” laid down by law. Legitimate objective circumstances refer to circumstances beyond the employer`s control, such as government coercion to relocate due to local policies or cessation orders of certain businesses, as required by laws and regulations. Even though Company A`s decision to reduce its workforce was taken because of the economic depression and the decrease in the volume of orders, it is still a business decision that is left to the discretion of Company A and not a substantial change in objective circumstances that makes it impossible to perform the employment contract. Thus, the termination of the employment contract by Company A continues to be unlawful. Individuals or their representatives may notify the WSIB of any material changes. People should not rely on others, such as family, friends or employers, to notify the WSIB. An H-1B amendment is required when the approved terms and conditions of employment change significantly. Substantial changes may, in certain circumstances, include a change in place of work, a significant change in work duties or a change in job classification, or a reduction in hours of work from full-time to part-time or a reduction in wages.