An Intra-Company Transferee can be classified into one of three categories. Based on their current position and duties, you will need to determine under which classification they fall under:
- Managerial; or
- Specialized Knowledge
Executive and Managerial classifications predominantly relate to amount of control, experience and varying duties within the company. Specialized Knowledge is a more ambiguous classification that can encompass all three categories depending on their intended purpose in Canada as well as their level of knowledge of the companies processes, practices, procedures, policies etc.
Specialized Knowledge is considered to be unusual and different knowledge or skills which not generally found in the particular industry. This knowledge need not necessarily be proprietary or unique but should be uncommon.
A tip to help you consider whether or not a person has specialized knowledge would be to consider what would happen in their absence. A person who possesses specialized knowledge would usually be in a position that is critical to the well-being of your business.
Characteristics of an employee with Specialized Knowledge are:
- Possessing knowledge that is valuable to your market competitiveness
- Uniquely qualified to contribute to the Canadian company’s knowledge of foreign operating systems
- Knowledge has been gained through extensive prior experience with the employer
- Has been utilized in other key roles, projects in your home country or abroad
As a general rule of thumb, Specialized Knowledge may involve your employee’s familiarity with a product or service which no other company produces or that you produce differently. This knowledge could be considered of a complex nature and not easily transferred to another individual on a short term basis.
Further, this knowledge need not necessarily be proprietary, meaning that the company owns this knowledge but it should be beyond what is commonly found or understood in the industry. I could be non-proprietary knowledge that a particular company applies in a unique way that makes it knowledge beyond what is otherwise common in the industry.