Temporary Foreign Worker Program experiences significant revision

Temporary Foreign Worker Program in Canada has been reformed with an aim of ensuring that Canadians get the first opportunity to grab a job before an immigrant is considered for the same.
With this thought the Government has brought significant changes in the program in terms of Labor Market Opinion Processes and also there has been the intention of increasing investments in Economic Action Plan 2014.

Proposals made in Economic Action Plan 2014

There is a proposal of investing $11 million in another two years’ time to ensure that Labor Market Opinion process emerges out to be even stronger.

• The emphasis would be on improving processing times, at least for certain applications.
• Every effort would be made to see to it that the program contributes to the economy of the country.
Strengthening the Temporary Foreign Worker Program
• Employers would be required to pay according to prevailing wage instead of following a flexible system.
• Government would have more authority to revoke Work permits and or LMO in case of any non-compliance reported.
• Employers should have a detailed plan of hiring, inducting and sustaining temporary foreign workers.
• Only English or French would be observed as job language and no other language would stand valid.

Violations reported by the employers
The violations and non-compliance from the employers led to banning of very many restaurants in Canada by Employment and Social Development Minister Jason Kenney. As many as six employers have been blacklisted and moratorium has been applied on them.

After the moratorium is introduced, the restaurants would not be allowed to hire any foreign worker until the next decision coming from Government.

The new set of requirements
Government has broadened the guidelines, under Bulletin 575 for making an assessment on work permits. One needs to have both proprietary knowledge and advanced expertise both to conduct an assessment. Some of the significant changes are mentioned below:

• If a worker has specialized knowledge of high degree then he has to be paid more than the standard rate. While making this calculation an employer should include the fringe benefits that are given to the foreign worker.
• An employer has to first verify if the foreign worker can qualify for a given job or not.
• Definition of specialized knowledge has been revised and also so have been the wage criteria.
• An employer would be expected to hold a sound knowledge on his own business, regarding production, research equipment and any other parameter on which a business runs.

A large number of violation cases have been reported by the Government in the past. Most of them are related to hiring a foreign worker before a vacancy is offered to Canadians, paying less of wages to foreign workers and not sticking to the promises made to them. This creates a difficult situation for both the foreign workers and even the Canadian who are left from getting a job in hand. Government has adopted new measures by reforming Temporary Foreign Worker Program.

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