Understanding Employer Obligations Beneath the Short-term Overseas Employee (TFW) Program – LMIA streams


The Short-term Overseas Employee (TFW) Program is a vital useful resource for Canadian employers needing to handle labour shortages. Whereas this system supplies firms entry to expert worldwide staff, it additionally locations particular obligations on employers to make sure truthful and moral remedy.

In case you’re contemplating hiring via the TFW Program, understanding these obligations is important to stay compliant and help a optimistic work surroundings for worldwide staff. Right here’s a information to employer obligations below this program.

Leap forward:

1. Compliance with Recruitment Necessities
2. Wage Necessities for Short-term Overseas Staff
3. Adhering to Employment Contract Phrases
4. Offering Ample Coaching and Orientation
5. Providing Protected and Appropriate Lodging
6. Following Well being and Security Necessities
7. Sustaining Information and Taking part in Inspections
8. Guaranteeing Honest Remedy of Short-term Overseas Staff

1. Compliance with Recruitment Necessities

Employers should adhere to sure recruitment necessities earlier than making use of to the TFW Program. This consists of making real efforts to recruit Canadian residents and everlasting residents first. You’ll must show this by assembly particular promoting necessities, usually for no less than 4 weeks, throughout acknowledged channels earlier than shifting ahead with an software.

Close-up of a woman intently looking at a laptop screen displaying job advertisements, with listings and descriptions faintly visible on the screen.

2. Wage Necessities for Short-term Overseas Staff

Employers should pay TFWs no less than the prevailing wage for the place being stuffed, as decided by the LMIA software. Buying an LMIA could be completed from a number of streams, akin to: the Excessive-Wage Stream or the Low-Wage Stream, every with particular necessities:

  • Excessive-Wage Stream: Employers will provide wages at or above the provincial or territorial wage threshold. This stream is designed for positions that require greater ability ranges.
  • Low-Wage Stream: Employers on this stream can pay wages beneath the provincial or territorial wage threshold. That is sometimes relevant for positions which might be much less expert or extra entry-level.

Failure to fulfill the commitments to the non permanent staff relating to their wages, working circumstances and occupation, as listed within the provide of employment or LMIA can result in severe penalties, together with the revocation of the LMIA and restrictions on future hiring of TFWs.

3. Adhering to Employment Contract Phrases

When you rent a TFW, it’s important to observe the employment contract phrases outlined in your software. This consists of paying the agreed-upon wage, offering the required advantages, and making certain the working circumstances meet Canadian labour requirements. Any unjustified modifications in working circumstances, wages, or hours stands out as the cause for employers to be discovered non-compliant and topic to penalties akin to a warning, an administrative financial penalty or a ban from the TWF Program.

A close-up of a woman in a business suit holding a clipboard with a contract and pointing at the signature section with a pen, with a balance scale in the background.

4. Offering Ample Coaching and Orientation

It’s vital to offer acceptable onboarding, coaching, and help to assist TFWs alter to the Canadian work surroundings. This may increasingly embrace job-specific coaching, security protocols, and introducing them to office insurance policies. Employers are liable for making certain that TFWs have the data they should work safely and effectively.

5. Providing Protected and Appropriate Lodging

In some circumstances, particularly in industries like agriculture, employers should present housing for TFWs. Lodging must be secure, meet native well being and security requirements, and be moderately priced. If housing is supplied, it should align with the knowledge within the LMIA software, and employers should hold information to show they’re assembly these necessities. In circumstances the place it’s not required to offer housing, it’s nonetheless a very good observe to offer TFWs with help to find appropriate and reasonably priced lodging.

A real estate agent presenting a miniature model of a house to a client during a meeting, with documents and a calculator on the table.

6. Following Well being and Security Necessities

Employers are liable for offering a secure work surroundings for TFWs. This consists of assembly all federal and provincial well being and security laws, reporting accidents, and offering entry to medical care within the occasion of an damage or sickness. Employers should additionally be certain that TFWs are conscious of their rights and protections below Canadian legislation.

7. Sustaining Information and Taking part in Inspections

Employers should hold information associated to TFW employment for as much as six years, together with payroll information, timesheets, and different employment-related documentation. That is important as the federal government might conduct inspections to make sure compliance with the TFW Program laws. Employers must be ready to offer these information if requested.

8. Guaranteeing Honest Remedy of Short-term Overseas Staff

The TFW Program is designed to stop exploitation and guarantee truthful remedy for worldwide staff. Employers ought to deal with TFWs with respect and never topic them to discrimination or unfair working circumstances. Honest remedy consists of adhering to the agreed-upon work hours, respecting private time, and offering correct discover for any schedule adjustments. Moreover, TFWs have the appropriate to go away their employer with none penalty.

Conclusion

Using staff via the TFW Program could be extremely useful, however it additionally entails vital obligations. Understanding and assembly these obligations helps Canadian employers stay compliant, promotes a optimistic work surroundings, and helps the fame of the TFW Program as a good and dependable useful resource.

At IVEY Group, we help Canadian employers in navigating the TFW Program to make sure easy, compliant hiring of worldwide expertise. Whether or not you need assistance with LMIA functions or ongoing help to fulfill program necessities, our specialists are right here to assist.

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