New rules for Foreign Workers – April 1, 2011

Is your organization aware of the new rules for foreign workers?

With the amendments to the Immigration and Refugee Protection Act, it is becoming increasingly important for companies who hire temporary foreign workers to ensure they have a corporate policy in place as well as keeping accurate records regarding foreign workers within their organization.

Organizations who bring in foreign workers must have a clear direction as to the intent and future plans of the foreign workers in their organizations as well as who is responsible for ensuring that this information is accurately updated. Some questions that need to be asked in the beginning stages are:
• Is the foreign worker filling a temporary need, or is this an indefinite position?
• If this is an indefinite position, will the company support the employee in applying for Permanent Residency?
• Is the intent of the employee to obtain Permanent Resident status?
• What happens if the employment relationship is not working out, what are the company’s obligations?
• Has the company addressed obligations as far as repatriating the employee to their home country?

The main highlights of the changes, as per the Citizen and Immigration Canada website include:
• Job offers will be reviewed more closely to verify that a foreign worker is needed to fill this position;
• The amount of time temporary foreign workers can work in Canada will be capped at 4 years; and
• Employers who fail to meet their commitments with regards to wage, and working conditions, etc. in relation to foreign workers will be prohibited from hiring additional temporary foreign workers for a two year period.

For more detailed information regarding what you need to do as an employer please go to the following links:

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