Temporary Foreign Worker Regulations, major changes by Canadian Government
There are major changes proposed by the Canadian Government to rules for Temporary Foreign Workers. Usually, Temporary Foreign Workers are entered into Canada under one of the following two paths.
Temporary Foreign Worker Program
The first one is the Temporary Foreign Worker Program (TFWP) stream. This one is for the companies who call non-Canadians for jobs that are vacant due to lack of interest of Citizens or Permanent Residents. It requires LMIA which is Labour Market Impact Assessment.
International Mobility Program
The second pathway is the International Mobility Program (IMP). This stream allows foreigners to work in Canada for jobs with the availability of Canadians. It does not need any Labour Market Impact Assessment.
Temporary Foreign Worker Program has major problems which include:
- Previously employers were non-compliant to regulations to resist the bans while hiring for the Temporary Foreign Worker Program. So employers hire through other companies which they own.
- They are usually unaware of their rights and their means.
- The inability of access to health care.
- Illegal fees by recruiters or employers.
- Fear of raising concerns about working scenarios so employees usually do not report abuse.
So the Canadian Government has decided to strengthen the regulations for the Temporary Foreign Worker Program.
Changes by the Government in TFWP
- Providing an employment agreement to worker and Government by the employee. It confirms that the employee having the same working conditions, wages and same job as written in the employment offer.
- Its the employer’s duty that the workplace should be free of abuse including reprisal.
- If the employer is not compliant with the regulations, Employment and Social Development Canada can stop the processing of LMIA.
- New requirements for granting LMIAs include proper efforts for the workplace to be free of abuse. Employers should follow all the Federal and Provincial employment rules.
For non-compliance concerns, there is NoPF which is a Notice of Preliminary Findings and the employer has to respond to it from 30 days to 15.
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