New Rules!

Old Apr 3rd 2011, 1:47 am
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Default New Rules!

Foreign worker program rules get tougher next week

OTTAWA, Ont. -- Changes to the Temporary Foreign Worker Program protect workers and limit them to four years of work, says the Canadian Trucking Human Resources Council.

The changes, which are related Immigration and Refugee Protection Regulations, and come into force on April 1, will address several issues, such as genuineness of job offers, compliance reviews, and duration of employment.

Employers will be assessed based on their ability to meet the terms of a job offer and whether it is actively engaged in the province in which a Labour Market Opinion (LMO) is submitted.

Reviews will also determine that employers and third-party agents acting on their behalf have a history of complying with employment and recruitment laws.

As well, regulators will ensure that wages and working conditions have, over the two years preceding an LMO application, been "substantially the same" as the original job offers to temporary foreign workers.

Rates will also have to be inline with Canadian "standards."

Employers will be barred from the program for two years (and names will be made public) if there are any discrepancies, although fleets will have the opportunity to justify any differences.

Employers will also be are responsible for ensuring temporary workers who do not become permanent residents don't work more that the four-year limit.

There's more: Employers need to sign a contract with employees to outline wages, duties, and conditions related to the transportation, accommodation, health and occupational safety of the foreign workers.

They also must cover recruiting costs; consult with the local union if the position is covered under a collective agreement; help find suitable and affordable accommodations; pay the worker’s full airfare to and from their home country; provide medical coverage until the worker is eligible for provincial health insurance; and register workers through provincial workers compensation or workplace safety insurance plan.

Fleets that want to change a Temporary Foreign Worker’s terms of employment should contact HRSDC/Service Canada.

The CTHRC's Guide to Human Resources: Volume 2 and other literature includes modules that provide the tools and templates to comply with the changes.

Click on for more info.
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