Key Things to Consider When Hiring Temporary Foreign Workers

Immigration law

10 Apr

This document provides employers with essential compliance information when hiring temporary foreign workers (TFWs). It highlights the key regulations, obligations, and best practices to ensure that the hiring process complies with national and international labor laws.

Hiring temporary foreign workers can bring benefits such as filling labor shortages and fostering diversity. However, non-compliance with regulations can lead to penalties, legal risks, and harm to your organization’s reputation.

This structure ensures that you cover all critical aspects of compliance when hiring temporary foreign workers - because let’s face it, nobody wants a surprise audit. Stay on top of these details, and you will be smoother than a well-checked visa application.

EMPLOYER RESPONSIBILITIES

- Employers must ensure that foreign workers have the appropriate work permits or visas.

- must provide a valid and clear job offer to foreign workers, specifying employment conditions, wages, and benefits.

- Ensure foreign workers are paid at least the prevailing wage or a wage that meets the legal minimum for the job.

- Employers must ensure that hiring practices do not discriminate based on nationality, race, or immigration status.

- Ensure that foreign workers are treated equally to local employees in terms of working conditions and rights.

- Maintain records of all TFW employment contracts, hours worked, wages paid, and compliance with other labor laws. These records must be available for inspection by regulatory authorities upon request.

HIRING PROCESS COMPLIANCE

- Depending on jurisdiction, employers may need to demonstrate that they have made efforts to hire local workers before offering a job to a temporary foreign worker.

- Employers must follow specific recruitment practices outlined by the government (e.g., advertising the position in specific channels).

- An employer must apply for an LMIA before hiring a foreign worker. This assessment determines if hiring a foreign worker will negatively impact the labor market.

- After securing an LMIA or meeting visa program criteria, employers need to help workers process the necessary permits or visas.

- Ensure that job descriptions and contract terms are transparent, accurate, and in compliance with immigration laws.

ONGOING COMPLIANCE AND AUDITS

- Employers are required to monitor and ensure that foreign workers continue to meet the conditions of their work permits or visas throughout their employment period.

- Government agencies may conduct random or scheduled audits to verify compliance with immigration, wage, and employment standards. Employers must cooperate with these inspections and provide all necessary documentation.

- Non-compliance with labor laws and immigration regulations can result in severe penalties, such as fines, restrictions on hiring future foreign workers, or even legal action.

- Possible penalties may include criminal charges, revocation of work permits, or bans on hiring foreign workers for a set period.

RIGHTS OF TEMPORARY FOREIGN WORKERS

- Temporary foreign workers are entitled to the same basic labor protections as local workers, including the right to a safe work environment, equal pay for equal work, and access to dispute resolution mechanisms.

- Employers must ensure that temporary workers are aware of the terms and conditions under which they can terminate their contracts or what happens if their employment is terminated before the end of their contract.

- Employers should inform workers of their right to access legal support in cases of exploitation or violation of their rights.

Hiring foreign workers requires careful attention to compliance with all applicable labor and immigration laws. Employers must provide fair wages, maintain transparent hiring processes, and ensure that foreign workers have the right to work legally. Stay informed about changing immigration and labor laws.

Consider engaging an immigration lawyer to ensure adherence to relevant laws and avoid violation.

CONSEQUENCES OF NON-COMPLIANCE VIOLATION CAN BE:

- penalties up to $100,000 per violation, to a maximum of $1 million per year

- a permanent ban from the TFWP and IMP for the most serious violations

- publication of your business name and address on IRCC’s Employers who have been found non-compliant page with details of the violations and consequences (business names aren’t published when the sanction is a warning)

- suspension or revocation of previously issued LMIAs

RRM LAW can help employers navigate the complexities of hiring temporary foreign workers by providing expert legal advice on work permits, visas, and compliance with labor standards. We assist with the application process for work permits and Labor Market Impact Assessments (LMIAs), ensure fair wages and working conditions, and represent employers during audits or inspections.

Additionally, RRM LAW can also assist employees by ensuring their rights are protected and offer guidance on understanding and negotiating employment contracts, ensuring that workers are treated fairly in terms of wages, working conditions, and benefits.

If any disputes arise, RRM LAW can provide legal representation and help navigate issues. And ensure you have access to the legal support needed to address any challenges faced during work tenure. Book immigration lawyer Brampton - Call (905)798-3776