Foreign workers were given employment opportunities in Canada

The (TFWP) is a program of the government that was administered by the (ESDC) Employment and Social Development Canada and (IRCC)  Immigration Refugees and Citizenship Canada. Its purpose was to give companies the authority to hire temporary foreign workers where there is a need for them, and also to give foreign workers the opportunity to search for jobs in Canadian countries.

With the help of this program, Canadian employers can employ talented foreign workers to fill up the lack of the labor force within Canada. The government has also provided several programs by which foreign workers can gain temporary employment in a Canadian company and these programs are classified into two categories the (TFWP) and the (IMP)  International Mobility Program. There are many differences between the two programs but the main difference is the need to take Labour Market Impact Assessment (TFWP).

Explanation of LMIA

For a foreign worker to work under the TFWP it is a requirement for them to have a positive or neutral LMIA to be eligible for a  Temporary Work Permit. It is also necessary for all Canadian companies to submit an LMIA before they are allowed to hire foreign workers as the LMIA is Canada’s labor market test and is needed to determine whether a candidate is suitable for the job he/she is applying for.

Employers also need to be familiar with the requirements that follow the LMIA application such as:

• wages

• advertisement efforts

• exceptions to advertising requirements, and the application process

• waiting times for an LMIA.

The completion of the LMIA is the first requirement for an employer to be eligible to hire a foreign worker under the TFWP.

LMIA Exemption

There are certain circumstances where you can be granted an exemption from LMIA such as jobs that do not fall under the jurisdiction of the TFWP and offers to foreign nationals that have completed the IMP and do not require an LMIA. There are also exemptions and variations to the LMIA that are specific to Quebec.

Specialized Applications

The TFWP also provides employers with the option to apply for specialized applications. This is if the profession of the candidate applying for work under TFWP falls under specific categories or if their application/hiring is within the circumstances outlined.

The  special professions that fall into this category are:

• Academics

• Agricultural Workers

• Caregivers

Specialized applications are also relevant in circumstances where applicants of TFWP are:

• Applying for permanent residence through Express Entry (with the help of an employer)

• Hired as part of the Global Talent Stream (for uniquely skilled workers in ICT or STEM fields);

• Applying for positions in Quebec.

Rights of Foreign workers and restrictions on Non-compliant workers

When hiring temporary workers Employers are required to show a large degree of compliance based on required standards and if there is a refusal to do so on the employer’s part then they can be subject to either one or both of the following punishments:

• Monetary penalty

• A ban from hiring temporary workers

These companies which are non-compliant will also be listed in a directory on the IRCC website.

The Canadian laws also provide proper rights to TFW such in the case of employers they must:

• Pay for the work of a TFW

• Ensure the workplace is safe for them

• Give TFWs breaks during the work day, and time off

• Respect the terms of the written contract

At the same time employers cannot:

• Force a TFW to perform duties that they were not hired or trained to do

• Force a TFW to work if they are sick or injured

• Take their passport or work permits away from them

• Have a TFW deported from Canada, or change their immigration status

• Make a TFW pay the employer back for fees they paid to hire them

The TFWP is an opportunity provided to Canadian companies with which they hire talented individuals from around the world to help promote the growth of their businesses while at the same time giving foreign nationals a chance to live, work, and perhaps even immigrate fully to Canada.

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