Thanks to your innovative international recruitment strategy, you have successfully attracted the best talents for your job openings, submitted and obtained the work permits for your future employees.

But what are your obligations as an employer hiring a temporary foreign worker (TFW)? They can be structured around the three following points:

1. Complying with the participation requirements in the Temporary Foreign Worker Program (TFWP) as well as conditions related to approval letters (such as a decision concerning a Labor Market Impact Assessment – LMIA);
2. Keeping all documents linked to an LMIA application for a period of 6 years;
3. Notifying ESDC of any changes or errors linked to an approved LMIA application.

These obligations can be the subject of an inspection conducted by ESDC, without necessarily being a doubt that the employer is non-compliant. The procedure for an inspection and the factors reviewed can be found here. It should be remembered that when applying for an LMIA you also agree to:

– Provide a workplace free from violence and comply with federal and provincial labor relations laws;

– Provide a job in the same occupation than the one of the demand and a salary essentially the same, but no less favorable than the one mentioned in the job offer;

– Respect your commitments as per the transfer of knowledge to Canadian employees and permanent residents.

As a result, each HR department should establish an effective policy regarding the documentation of TFW that should be presented during an audit and, thus being able to answer all the points that an inspection could raise. Remember that 6 years is an important period within the life span of a company, that has to cope with the mobility of its workforce, change of its management and business strategies. If your records are not well documented, from the filing of an LMIA application, through its approval and the start of employment contract, they will never be 6 years later.

Penalties for non-compliance can be severe, ranging from monetary penalties to exclusion from the TFWP. Under certain conditions, employers can make a voluntary disclosure, if they believe they are in a situation of non-compliance.

Developing an internal practice of managing TFW files, of preparing and submitting an LMIA application, as well as a transparent and efficient communication with both your employees and ESDC agents, can prove to be an important long-term asset allowing to better understand your obligations and the raison d’être of an inspection. But how do you get there? We will see this together in the next article.