Temporary Foreign Workers Get Enhanced Prevention from Potential Mistreatment and Abuse During Employment in Canada Bringing Greater Transparency and Clarity to TFW Programs !!!!
Karma Management has now become Karma Management Global Consulting Solutions Pvt. Ltd. which was incorporated in the year 2004 and has now completed almost 18 years of its existence.
As late as April 2021, Karma Global took a very bold step of venturing into foreign shores in terms of shoving up its business prospects in countries like the US, the UK, UAE, Canada, the Philippines, and South East Asia.
It has already made its mark in terms of providing excellent services in the areas of payroll, outsourcing, recruitment and talent acquisition, and regulatory compliance in these foreign countries.
Karma thus entails the compliances of global clients in these countries as well, and in keeping with the global scenario, it does keep a very hard track of the status of global compliances all around the world and especially so, it keeps an update on what is happening as far as people, wages, work, and benefits are concerned across the globe.
CANADA’S PRESENT LABOR STATUS
Canada is grappling with historic labour shortages and an unemployment rate. As per the latest statistics, Canada’s unemployment rate fell to 5.2 percent in September, down from 5.4 percent in August. Canada is among the world’s leading destinations for international students.
LET US TAKE A LOOK AT THE VARIOUS AMENDMENTS
Canada has come up with amendments to strengthen protections for Temporary Foreign Workers (TFWs).
According to a report by CIC News, Employment and Social Development Canada (ESDC) and Immigration Refugees and Citizenship Canada (IRCC) have both come together to announce the 13 amendments to the Immigration and Refugee Protection Regulations concerning Temporary Foreign Workers (TFWs). All 13 amendments are designed to strengthen protections for TFWs and enhance the TFWP.
ESDC says these regulations will protect TFWs from abuse and mistreatment in Canada by:
- mandating that employers provide all TFWs with information about their rights in Canada;
- prohibiting reprisal by employers against workers, for instance against those who come forward with complaints; and,
- prohibiting employers from charging recruitment fees to workers and holding them accountable for the actions of recruiters in this regard.
Benefits of the new regulation or amendment:
These regulations will protect TFWs from abuse and mistreatment in the country.
With the change in rules, employers will also be responsible for providing access to healthcare services for their employees with the issuance of private health insurance.
ESDC has also said that these amendments will also intend to deter bad actors from participating in the TFWP.
Apart from the employees, the regulations will improve the TFWP’s ability to inspect workplaces, enforce the rules and administer appropriate consequences for those who choose not to follow the rules.
From the above-mentioned regulations, ESDC has also implemented other measures like mandatory training, allowing workers to flag any situation of abuse or misuse of the program, raising employers’ awareness, and expanding collaboration with consulates.
Consequences of non-compliance on the part of employers
If an employer fails to follow the new regulations, suspension of LMIAs would happen.
To hire any foreign employee, an employer must submit Labour Market Impact Assessments (LMIAs) document to the ESDC. Without this, the employer can hire only Canadian or permanent citizens.
Immigration Minister’s statement
Immigration Minister Sean Fraser said, “In Canada, the rights of all workers—including temporary foreign workers—are protected by law.”
“The International Mobility Program (IMP) sets requirements and conditions for hiring TFWs in Canada and issues open work permits to vulnerable employees who are experiencing unjust work environments so they can quickly find new employers. With these new regulations in place, the Government of Canada is strengthening its ability to protect temporary foreign workers and is enhancing its capacity to prevent potential mistreatment or abuse during TFWs period of employment in Canada,” he said.
A slew of benefits for International Students besides protection for Temporary Foreign Workers (TFWs)
The Immigration Refugees and Citizenship Canada (IRCC) has announced a slew of benefits for foreign students, including expanding the strength of students and lifting working hours restrictions, among others.
According to a report by CIC News, the Canadian Government has recognized that from 2022-2023, the number of study permit holders is forecasted to increase to approximately 753,000 international students.
Canadian immigration has also vouched to explore the expansion of Student Direct Stream (SDS) to specific Asian, African and French-speaking countries. The SDS is a fast-track stream for obtaining a study permit for candidates from 14 countries.
Besides, the IRCC will also explore promoting the transition to permanent residence for international students, particularly those with the skills, experience, and language levels necessary to succeed in Canada.
IRCC is also committed to ensuring equity throughout the International Student Program.
It said it would improve the service and communication with international students. Highlighting the recent hiring of 1,250 new processing staff by late fall 2022, Canada’s immigration authority has promised to publish monthly data on the backlogs.
Further, Canada has also allowed international students to work off-campus for over 20 hours per week. This temporary measure will also apply to foreign nationals who have already submitted a study permit application. They will also be able to benefit from this policy if Immigration, Refbenefit from this policy if Immigration, Refugees, and Citizenship Canada approve their application.
Canada is among the world’s leading destinations for international students. In 2021, it hosted over 620,000 international students. Canada issued nearly 450,000 new study permits last year alone, according to the CIC News.
Demand to study in Canada is due to multiple factors, such as multiculturalism, affordability of the Canadian dollar, and work and permanent residence opportunities, etc.
Between January and August 2022, Canada has already processed more than 452,000 study permits. A 23% increase in work permits seen until August this year. Last year, Canada processed 367,000 study permit applications during the same period.
The majority of international students report they are interested in remaining in Canada as permanent residents upon completing their studies, according to research by the Canadian Bureau for International Education (CBIE).
RECENT ROUND TABLE DISCUSSIONS FOR BRINGING IN GREATER EFFICIENCY
In addition to the amendments, a recent roundtable discussion took place between the ESDC and stakeholders interested in improving the effectiveness of the TFWP. It is expected that similar meetings will take place over the coming years. ESDC has also implemented additional measures to improve the TFWP such as:
enhancing inspection tools and mandatory training to strengthen the quality and timeliness of inspections;
continuing to leverage an enhanced tip line service including live agents, allowing workers to flag any situation of abuse or misuse of the program in a confidential manner;
continuing to raise employers’ awareness of their obligations to foster compliance with the TFWP’s conditions; and,
expanding collaboration with consulates, as well as provinces and local authorities, to help the department to identify concerns that need immediate attention and take action.
CONCLUSION :
What a beautiful thing to happen in the light of the Minister of Employment’s statement reproduced below :
“Everyone deserves to work in dignity, in safety, and in health. With these changes, our Government is strengthening protections for temporary foreign workers. These individuals come to Canada and work for Canadian businesses, and help drive the Canadian economy forward. We have a responsibility to ensure they are protected and respected.”
The Minister of Employment, Workforce Development, and Disability Inclusion, Carla Qualtrough
“In Canada, the rights of all workers—including temporary foreign workers—are protected by law.” says Immigration Minister Sean Fraser, “The International Mobility Program (IMP) sets requirements and conditions for hiring TFWs in Canada and issues open work permits to vulnerable employees who are experiencing unjust work environments so they can quickly find new employers.
The Government of Canada takes its responsibility to protect temporary foreign workers (TFWs) very seriously. Ensuring the health and safety of these workers while they are in Canada is a key priority, and the Government is taking concrete action to better support them.
The TFWP is designed to fill urgent gaps in Canada’s labor force by allowing employers to hire internationally. However, the employer must be able to demonstrate a genuine need for taking this step by obtaining a Labour Market Impact Assessment (LMIA). Without one, they must only hire Canadian citizens or permanent residents. Unlike other immigration programs, there is no cap on the number of TFWs that can enter Canada.
TFWs have the same rights as Canadian citizens or permanent residents. This means employers are legally obligated to provide a safe working environment free of harassment and reprisals.
Additionally, it is against the law for an employer to refuse to pay an employee for their work as stated in an employment agreement, including overtime. Employees should make sure to have a signed copy of this agreement before the first day of work.
With these new regulations in place, the Government of Canada is strengthening its ability to protect temporary foreign workers and is enhancing its capacity to prevent potential mistreatment or abuse during TFWs period of employment in Canada.”
Karma while dealing with all such issues and cases, always takes the approach to act trustworthily and to be compliant with the laws of the land.
Karma always advises its clients to be on the good side of the law and to abide by the same. In this respect, it offers a plethora of excellent services in terms of documentation compliance and validity of licenses for running the business and also supports establishments and union-afflicted workers to take a just stand on issues, in the company’s interest and not on trivial grounds just for the sake of it, to show the level of aggression.
Respect for all fundamental principles and rights at work (FPRW), including freedom of association and the right to collective bargaining, is an essential foundation of the ILO and key to successful policy and decision-making. As the world of work is changing at an ever-increasing pace, strong, influential and inclusive social dialogue is, and will be, a key vehicle to shape the world of work that we want.
Karma Global’s integrated regulatory compliance services run on expert machinery that is agile and consistent and is simplified for the global clients in a manner that they can easily grasp the subject matter against the tangled complexity and risk, which gives the international clients the power of confidence and control.
Karma Global is well aware that the lengthening list of supranational regulations is a burden enough for any multinational business, while each jurisdiction implements its regime with its own unique local twists, creating a maze of localized rules.
Also, it is universally known that compliance timelines are always tighter given the stipulated dates. Sometimes simple oversights on the part of the employers can threaten to damage reputations and jeopardize operations and therefore, such Organizations like Karma Global make it a point to reach out to employers and establishments struggling with compliance in order to keep pace with them so that staying compliant and in good standing with the Government’s rules, across the entire operational footprints is made simpler and easy by Karma Global Tech Firm.
For global clients facing urgent one-off regulatory challenges – perhaps a major hurdle that puts the global clients in an embarrassing situation, Karma Global Tech Firm has all the capabilities, competencies, and expertise to scale up quickly and easily thanks to a flexible structure and global resource base with international, regional and local hands to deal with any compliance complexities.
Proprietory blog of Karma Management Global Tech Firm
This blog has been collated and compiled by the internal staff of Karma Management with the knowledge and expertise that they possess, for its monthly newsletter Issue 05 of November 2022 in case of specific or general information or compliance updates for that matter, kindly reach out to the
Marketing Team – Kush@karmamgmt.com / yashika@karmamgmt.com