Hiring a Foreign Worker

There are three steps to hiring a temporary foreign worker:

1.      You will first need to apply for labour market opinion. A Labour Market Opinion is typically required prior to obtaining any work permit it is a validation of the position being offered. You’ll obtain this through an application submitted to human resources and skills development Canada and will obtain either a positive or negative Labour Market Opinion through this body.

2.      At the foreign worker will need to apply for work permits and submit a positive Labour Market Opinion obtained through an application your company should make prior to submitting an application for a work permit

3.      The worker will see the authorization letter when the work permit has been approved. Please note the actual work permit is not issued until they arrive in Canada by a border services officer at the port of entry

Your responsibilities as an employer include:

• Making sure the workers have their work permits
• Making sure the temporary foreign workers working for you only work as long as the work permit allows
• Making sure you meet your commitments to the temporary foreign worker regarding wages, working conditions as well as the job promise listed in the job offer letter as well as labour market opinion
• But make sure you comply with provincial, territorial or Federal employment legislation.
• Assisting the employee in obtaining correct documents, for example, a social insurance number

Can I fire an incompetent foreign employee?

Yes, a temporary foreign worker is considered to be a worker in Canada. Like any other work, Canadians their subject to the same rules and regulations as the workplace. If you are unsatisfied with your foreign worker or funding to be incompetent or able to carry out the duties agreed in the contract, you’re able to terminate the contract and their employment. Please note in order to maintain the standard rules and regulations when it comes to termination, you may be required to offer notice or pay in lieu of notice upon termination of your foreign employee.

What if a foreign worker becomes sick, has an accident, is hospitalized or needs home recovery?

Like all Canadians, a foreign worker is still entitled to sick leave as set up by provincial or territorial laws. You should not force your employee to work if they are a lot were unable to do so. The required health or workers’ compensation plan in your province or territory should cover the employee.

Your responsibility depends on the coverage provided under these plans. Your employee may also be able to collect employment insurance and sickness benefits. When dealing with a foreign employee, they are entitled to the same benefits as any Canadian working in your company.

Where can I get advice on hiring foreign workers?

Citizenship and Immigration Canada has a unit that is designed specifically for this purpose as well as the processing of some applications. The temporary foreign worker units are geared towards helping to ease the entry of temporary foreign workers in Canada. These units:

• Advise employers and human resource agencies that want to employ foreign workers that do not need a labour market opinion
• Give advice on work permit exemptions
• Pre-screen supporting documents for employers to streamline the application process
• Provide opinions for the officers at the port of entry
• A prescient document submitted by foreign workers

 We can Help You!

We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.