If a Canadian employer is recruiting foreign workers under the international mobility program or the temporary foreign worker program, they must meet certain eligibility requirements. The federal government always checks whether the employer complies with the policies, regulations and laws regarding the hiring of foreign workers to prevent any foul play. Thus, a company can face a compliance review within six years after a work permit was issued to a foreign worker to work in the said company.
International Mobility Program: Employer Compliance:
Of course, every Canadian employer hiring foreign nationals through the international mobility program has certain responsibilities that they need to comply with. The government of Canada enforces these rules to uphold the goals dictated in the IMP norms and to make sure that the policy is not misused by people. This ensures the full safety of the program and helps in picking the ideal candidates that meet the needed requirements.
Here are all the compliance measures that an employer must follow:
- They must prepare the medical coverage as well as the compensation for the workers as necessitated by the provincial government once they arrive in Canada.
- An employer must also comply with different conditions like time limits and others specified in the work permit of the foreign worker.
- It must also be made sure that the foreign worker has proper authorisation to work for the employer.
- The business must have to remain active till the expiry of the work permit of the foreign worker that they hired.
- Moreover, the job has to be provided to the worker in the same role as stated in the job offer letter.
- Compliance conditions to the territorial, provincial and federal laws and regulations regarding the hiring of foreign workers must be met.
- Working conditions and wages for the foreign worker should be as per the offer of employment or better.
- The employer must take all the necessary efforts to make the workplace devoid of psychological, physical, sexual and financial abuses.
- Also, the employer must keep all the necessary documents regarding the hiring of the foreign national for a period of six years from the date of issuing of the work permit to the worker.
- They must also be prepared to face any inspection or provide all the documentation if necessitated by the IRCC.
Failing to comply with these conditions may result in an investigation by the IRCC. IRCC can start an investigation within the period of six years after issuing a work permit if it suspects any foul play. In case of any inspection, the employer must be ready to attend it at the requested time and date with all the required documentation and information. If they are found to be non-compliant with the above conditions then IRCC can take disciplinary actions as they see fit.
Temporary Foreign Worker Program: Employer Compliance:
Similar to the International Mobility Program, Canadian employers must comply with certain conditions while hiring foreign workers through the Temporary Foreign Worker Program (TFWP). These rules have been set by the federal government in order to meet the objectives of the TFWP. Moreover, it also ensures that the recruitment of foreign workers must not adversely affect the labour market of Canada. Furthermore, the compliance measures also make sure that the workers coming to Canada under TFWP get all the benefits without being deceived.
Here are all the conditions the employers must comply with:
- They must make all the efforts to ensure that all the requirements of the Temporary Foreign Worker Program are met as per the guidelines dictated in the LMIA application, decision letter of the LMIA and its annexes.
- Employers must also keep all the documents and necessary records regarding compliance to the LMIA for a period of six years.
- Also, the employment of the workers under the TFWP scheme has to be reviewed from time to time to ensure all the conditions are met.
- They also need to inform the ESDC if there are any changes as well as errors to the LMIA issued.
- Furthermore, employers must take immediate action to rectify any errors or non-compliance upon discovering them to avoid penalty.
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