Immigration Laws and Regulations 25 March 2024

Vigilance is essential: compliance with standards in the hiring of temporary foreign workers.

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With the increasing delays in processing applications for temporary foreign workers in Canada, a concerning phenomenon is emerging: the appearance and operation of placement and recruitment agencies without the required authorizations. These agencies take advantage of the situation to offer their services, often operating on the fringes of legality, jeopardizing the rights of workers and the integrity of employers.

In this context, it is more crucial than ever for employers to ensure strict compliance with standards and legal obligations when hiring foreign workers. Questionable practices, such as engaging companies for specific services that conceal labor leasing, can inadvertently lead to non-compliance situations, especially regarding minimum wage compliance.

To avoid falling into these traps and to protect both the rights of workers and the reputation of their company, employers must carry out the following checks:

  • Validation of placement or recruitment agency permits: ensure that their business partners possess the legally required permits.
  • Verification of the validity of work permits: confirm the validity and suitability of work permits for the positions to be filled.
  • Confirmation of employee remuneration: verify that remuneration agreements are adhered to according to established terms.

Consequences of non-compliance

Failure to fulfill these responsibilities can result in severe sanctions, ranging from warnings to significant financial penalties, or even permanent bans from participating in temporary foreign worker programs. Additionally, offending companies may have their names published on the list of non-compliant employers, with all the negative repercussions that entails.

In these times when challenges related to hiring temporary foreign workers are exacerbated by administrative delays and the emergence of unauthorized actors, the importance of increased vigilance cannot be underestimated. By scrupulously ensuring compliance with legal obligations, employers will contribute not only to protecting workers but also to the sustainability and integrity of their industry.

Additional Resources: For more information and to ensure compliance with your company, consult the following resources:

Through responsible and informed action, let us together strengthen the quality and legitimacy of international recruitment in Canada.