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Posted on October 15 2022

New laws to protect foreign workers in Canada

By  Editor
Updated November 16 2023

Highlights: Laws for Foreign Workers in Canada

  • Amendments have been introduced in the laws for international workers in Canada.
  • The amendments are designed to protect international workers from injustice.
  • Healthcare services will be provided to foreign national workers.

Abstract: Canada has made amendments to the laws to protect international workers from mistreatment.

Canada has introduced amendments in the laws for international skilled workers to protect them against mistreatment. Employment and Social Development Canada along with IRCC or Immigration Refugees and Citizenship Canada will implement amendments to the Immigration and Refugee Protection Regulations related to TFWs or Temporary Foreign Workers.

There are 13 amendments formulated to reinforce protection for TFWs and refine the Temporary Foreign Workers Program.

*Check your eligibility to Canada through Canada Immigration Points Calculator.

Amendments for Foreign Workers in Canada

The amendments will protect TFWs from mistreatment in the country by:

  • Directing all employers to give the TFWs comprehensive information about their rights in the country
  • Prohibiting injustice by employers against TFWs
  • Forbid employers to charge recruitment fees from TFWs and hold the recruiters accountable for their actions
  • Provision of healthcare services

The amendments will deter unfair employers from hiring international skilled workers and exploiting them. It will make it convenient to inspect workplaces, implement the rules, and encourage fair practice.

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Effects on LMIA

The amendments may result in the suspension of the processing of new LMIAs or Labor Market Impact Assessments. It is a document that an employer needs to submit to ESDC as proof that hiring international talent will not harm the economy or workforce of Canada.

The international employee needs to have a copy of the document to be issued a work permit for entry to Canada.

LMIAs would be suspended if ESDC has credible reasons to suspect that the employers are involved in malpractice.

What is the TFWP?

The TFWP or Temporary Foreign Workers Program is designed to fill vacancies in Canada's workforce by facilitating employers to hire global talent. The employer must prove an authentic need for such hiring by obtaining an LMIA. Unlike other programs for immigration, there is no limit on the number of TFWs coming to Canada.

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Rights of TFWs

Temporary Foreign Workers have equal rights as those of Canadian citizens or immigrants who have been issued Canada PR or permanent residency. It implies that Canadian employers are legally bound to provide a just working environment to international workers.

It is unlawful for an employer to not pay the employee for their work. Employees should ensure to have a signed copy of the employment agreement stating rightful payment before they join.

Additional Measures for TFWP

ESDC has implemented more measures to enhance the TFWP such as:

  • Strengthening the inspection tools
  • Compulsory training to enhance the inspections
  • Facilitate efficient methods so that TFWs can report injustice
  • Raise awareness among Canadian employers towards the fair treatment of international workers
  • Work with consulates to enhance employment programs

Wish to work in Canada? Contact Y-Axis, the leading Work Abroad Consultancy.

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