Particular many thanks to Sarah Adler, Immigration Authorized Counsel, and Simran Nandha for their aid with this blog site.
Even further to the elevated compliance needs from Work and Social Advancement Canada (ESDC) and Immigration, Refugee, and Citizenship Canada (IRCC) on all employers which commenced on September 30, 2022 (Authorities of Canada strengthens protections for non permanent foreign employees as new restrictions appear into drive – Canada.ca), IRCC has now integrated these specifications in its regular audits on employers participating in the Non permanent Overseas Perform Permits system in Canada. In individual, the audits are focused on employees’ rights and application compliance.
Specially, these changes to frequent audits are requesting certain documentation that has not previously been asked of companies, including:
- Evidence that the employee obtained a duplicate of the pamphlet entitled International Mobility System: Get to Know Your Legal rights While functioning in Canada. See the adhering to website link: International Mobility Plan – Get to know your rights while functioning in Canada – Canada.ca
- A duplicate of the pamphlet need to be supplied to the personnel in their official language of alternative on or in advance of the to start with day or get the job done, and proof of provision of the pamphlet ought to be presented upon request.
- The pamphlet must also be easily out there in the place of work in both equally official languages.
- Evidence that the firm is compliant with recruitment legislation in the applicable Province (if relevant)
- Duplicate of the employment arrangement signed by the employer and the foreign worker prior to the submission of the overseas worker’s get the job done permit software (which is indicated in the attestation area of the Present of Work filing)
- Observe that IRCC is at the moment recognizing that Employment Agreements between the overseas worker and the Canadian corporation are not constantly relevant, for case in point in the circumstance of intermittent travellers, and are at this time reviewing their placement on this. In the meantime, we propose that applicants at the very least have an assignment letter from the enterprise confirming the conditions and ailments of their work in their household business continues to be relevant.
- Copies of insurance policies and strategies that handle circumstances of abuse in the do the job force, and a description of the system to take care of circumstances of abuse
- Evidence of schooling inside the past two a long time provided to staff and supervisors to identify and handle abuse.
In distinct these compliance necessities are remaining carried out to much better guard temporary foreign personnel from opportunity reprisal by employers for bringing ahead acceptable issues and prohibiting employers from charging recruitment charges to staff. Also, there is an amplified emphasis on furnishing short term international staff with sensible access to wellbeing care products and services.
Should you have any thoughts regarding the over, remember to truly feel totally free to reach out to the Employment or Immigration teams right here at Baker McKenzie.