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Canada is expected to make changes to its temporary foreign worker regulations

Canada is expected to make changes to its temporary foreign worker regulations according to a recent article in the Canada Gazette, the Canadian government is proposing major changes to the rules for temporary foreign workers. There are two ways that temporary workers enter Canada.

The Temporary Foreign Worker Program (TFWP) is the first (TFWP). This stream is for businesses that want to hire non-Canadians to fill jobs that Canadian citizens or permanent residents won’t do.

The main difference between a TFWP job and an IMP job is that the TFWP requires an LMIA, whereas the IMP does not. The term LMIA refers to a study of the labour market’s impact. It’s a form that an employer fills out if they want to hire through TFWP.

It demonstrates that the employer attempted but failed to find a Canadian to fill the position. During discussions, employees expressed their concerns. Employers who had previously been found to be in violation of regulations were able to avoid hiring TFWs.

Canada is expected to make changes to its temporary foreign worker regulations and such employers do so by employing people through other businesses that they own. TFWs are oblivious to their rights and what they entail. TFWs are unable to obtain adequate health care. Recruiters or employers are charging TFWs illegal “recruiting fees.”

TFWs fear retaliation from their employers if they raise concerns about their working conditions. Employees have been afraid to report abuse because of these fears.
Being a TFW in a new country with a new culture can put you at risk. As a result, Canada has made the decision to strengthen TFW protections. The following changes are planned by the government: requiring all TFW employers to provide a paper document outlining TFW rights to each TFW.

Employers would also be required to post this information in a visible location at work. All employers must provide a written agreement to both the employee and the government.

This document verifies that the employee will have the same job, working conditions, and pay as stated in the job offer. Clearly stating that the employer provides a safe working environment.

Adding new criteria for granting LMIAs. These will include making reasonable efforts to ensure that the workplace is free of abuse; demonstrating that the employer complies with all federal and provincial employment laws, and refusing to hire TFWs by an affiliate or alter-ego of an ineligible employer.

The time an employer has to respond to a Notice of Preliminary Findings (NoPF) has been reduced from 30 to 15 days. A NoPF indicates that there are concerns about non-compliance. A faster resolution will be possible with a shorter response time.

Employers and recruiters who charge TFWs illegal recruiting fees will face stricter penalties.ESDC and IRCC will have the authority to demand documents from third parties, such as banks, in order to ensure employer compliance.

Employers must make reasonable efforts to ensure that employees who become ill or injured at work have access to health care. Setting up a phone at the workplace for TFWs to call health services is one example.

All TFWP employers (except those in the Seasonal Agricultural Worker Program) must pay for and provide private health insurance to their employees.

This insurance must cover unexpected medical expenses. Some TFWPs are not required to provide such protection at the moment. The Canadian government acknowledges that the new regulations may increase business costs.

Outlays, on the other hand, are expected to be minimal. For example, give each TFW an extra 10 minutes to go over the employment agreement and working conditions. Employers, employees, and the government will benefit from more clarity. TFWs, in particular, will be better protected.

Got any more questions? Call us at 778.806.1092 ext.1003 or shoot us an email at info@mdsconsulting.ca

Author:Frank Pacheco
Article Title: Temporary pathway to Permanent Residence open work permit?How to apply?
Website Title:www.mdsconsulting.ca
URL:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/tr-pr-pathway/open-work-permit.html
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