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Canada to Change Rules for Temporary Foreign Workers

Canadian government proposes major changes in the rules for the temporary foreign workers by giving them more rights and working safety

An article published on Canada’s Gazzate recently caused a bustle among the temporary foreign workers in Canada. The question is why are they that happy? The answer is because they are going to get the rights they can not enjoy. The new changes will bring stricter criteria for the employers and more ease for the temporary workers. In general, temporary foreign workers can come to Canada through the “Temporary Foreign Worker Program (TFWP)” or “International Mobility Program (IMP)“. Changes in the rules for the temporary foreign worker will help both new and already in Canada candidates.

The article proposes changes in the rules for the temporary foreign workers in Canada. The data in the article has revealed that the modifications will make the rules tougher than before. Furthermore, these modifications will be in the favor of international employees. The proposed amendments to the Immigration and Refugee Protection Regulations would enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the ability to hold employers accountable for non-compliance.

Canada Gazette, Part I, Volume 155, Number 28: Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers)

gazette publishing Date 10 july 2021

The temporary foreign workers can get to Canada through two routes. They can come to Canada by adopting one of the below routes:

Temporary Foreign Worker Program (TFWP)International Mobility Program (IMP)
The foreigners are invited by the agencies for the vacancies that Canadian citizens or permanent residents don’t bother to join.The foreigners are welcomed by the agencies for the posts where the Canadian citizens and permanent residents can also apply. This route does not impose the condition that Canadian citizens will have to reject this job first and then the foreigners will be allowed to grab it.
It demands the Labor Market Impact Assessment (LMIA). This report proves that the Canadians were not available for this job. That’s why this non-Canadian is now joining the job.There is no demand for LMIA for the jobs under this program.

What are the issues that temporary foreign workers have with TFWP?

The IMP route goes easy with temporary foreign employees but the foreigners that received a job offer via TFWP were in trouble for past years. Here we will enlist the giant issues they have been facing:

  • There is a strict order for the employers and the agencies on hiring temporary international workers. The ones, who do not comply with the government’s rules use the tricky way which is hiring via their other agencies;
  • The temporary foreign workers have lack of access to the basic rights;
  • They cannot avail enough medical facilities;
  • The employers take the extra payment in the name of so-called “hiring charges”. Theydo notmention these chargeswhen they hire theforeign workers and then compel them topaythese extra amount,
  • The temporary foreign workers are being threatened by the employers of the agency to not complain about them. Although their services are worse, the workers are not allowed to give any negative remarks about their brands.

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What strategies the government of Canada is adopting to resolve the issues of temporary foreign workers?

Since the temporary foreign workers face low standards due to a lack of basic rights, the government is deciding to modify the rules in their favor. So to overcome this inhumane issue, the following changes can become the rule in the future:

Standard rights provision

  • At the start of the job, the employer of any agency is supposed to give the temporary foreign worker and authorities a document. The paper will be based on the list of the rights the workers will be given during their stay. This will be a surety from all the employers that they are bound by authorities to give the workers these mentioned facilities;
  • There will be a way provided to the temporary foreign workers to complain about the employers if they are doing something against the rules. There will be a processing of LMIA that will provide an easy way for employees and Social Development Canada (ESDC) to complain openly about employers.

Complaints against employers

  • In case, there will be a complaint submitted against the employer, he/she will receive a Notice of Preliminary Findings (NPF). The response time for this notice announced for employers was favorable in the past. Now the authorities have minimized the duration of his/her response. The employer will have to answer the notice within less time without any relief.
  • The punishment is announced for the employers for taking extra charges from the worker.
  • The authorities will also demand proof that the employer has used a legal way by following all regulations or not? For this, they will require the official documents from the Bank to check the reliability of the procedure that the employer will use. ESDC and IRCC are assigned this task by authorities for this verification.

Health insurance and medical facilities

  • The temporary foreign workers will enjoy the free medical facilities. Also, at their work location, there will be a telephone set for any emergency.
  • The temporary foreign workers will require Health Insurance. This insurance will be paid and will be done privately by the worker. This insurance will enhance the chances to enjoy more medical facilities. The seasonal agriculture workers and some short-term employees are exempted from the Health Insurance.

Changes in LMIA for TFWP

New changes for the LMIA will modify the rules. These proposed modifications will include:

  • There will be a surety that the working environment is not abusive;
  • The employers will strictly follow the rules and regulations that they must comply with
  • The employer will not be allowed to hire a person who is not suitable for the post.

Conclusion

The government of Canada agreed to this point that these modifications will surely affect the economy of the state. But the overall cost is nothing in front of the benefits that international workers will enjoy in Canada. These facilities will motivate them more and they will contribute to the prosperity of the state. The changes in the rules for the temporary foreign workers will also set good standards for other immigration paths.