Changes in Foreign Worker Program hit the employers: Decision challenged in court

Changes brought in Temporary Foreign Worker Program are causing large amount of difficulty for the employers in Canada. So much so, that an employer has field a court case against the decision.

The bright and dull sides of the changes
There are a series of changes which are beneficial for the employers and even foreign workers because it stops the abuse at work place, controls the exploitation of temporary foreign workers. It also is likely to ensure that any vacancy is first offered to a Canadian and then only a Foreign worker could be hired. But, at the same time, some of the changes are putting businessmen specially the restaurant owners in trouble.

The changes that are hitting hard
• Green Spiegel LLP Official says that asking the employers to tick off the box to show that they are not hiring exotic dancers or strippers is not a great idea of evaluating risk management.
• Another issue could be raised when an employer evaluates to pay more than what he had offered during processing, and then also he hands would get tied, because again it would be observed as non-compliance.
• Some also believe that hiring process is quite lengthy and especially for those firms who are supposed to be on some inquiry the process could be even longer.
• In fact a senior official also names the “sudden inspection” to be quite ridiculous because even the innocent and compliant people can also get harassed in the name of inspection.

The Court case

In Ottawa, Restaurant owners have field a case against the changes. They don’t accept the decision of not being allowed to hire foreign workers because they are blacklisted.

If they win the case then the Government will have to roll back its decision of stopping restaurant owners from hiring foreign workers. And the entire process might be needed to get reoriented.

The owner of the restaurant who has field a case was detained for long hours and his papers were seized as well.

Lack of awareness amongst the employers
However, the employers are not made aware of the standards they are to meet to avoid seeing their LMOs being either suspended or revoked. They only came to know about all this when the Employment Minister published the information on the website.

Even in the above mentioned case, the owners were intimated that an investigation would be organized anytime within 180 days.

Experts opine that this is too long a time for employers to wait to hire their next lot of workers. According to the reports coming from Court the employers were not informed beforehand about their LMO being suspended.

Federal Government is committed to bring changes to Temporary foreign worker program and many other immigration programs. However, changes in this particular program have adversely affected the employers even if the intention is not to do so. They find the delay in being able to hire a foreign worker is a loss to their business and hence to the national economy.

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