Hiring a Foreign Worker

Posted in Labour Market Impact Assessment LMIA

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 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 work permit

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

You 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 promised listed in the job offer letter as well as labour market opinion
  • But making 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 in Canadians their subject to the same rules and regulations when the workplace. If you 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 the 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. Are your employee may also be able to collect employment insurance sickness benefits. When dealing with a foreign employee, they 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 the unit that is designed specifically for this purpose as well as processing of some applications. The temporary foreign worker units is 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 a 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 and document submitted by foreign workers

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Tags: Work Permit Canadian Temporary Residence Canadian Immigration Labour Market Opinion LMO

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