17 Ways Canadian Employers Become Non-Compliant When Hiring Temp Workers
The Canadian government, through its designated agency may inspect employers who hire workers under the Temporary Foreign Worker Program or International Mobility Program. This action aims to ensure that such employers comply with their responsibilities when hiring temporary workers.
For example, if the employer failed to prevent sexual or physical abuse in the workplace or failed to show up to meet the inspector or promptly answer the questions the inspector asked for, the employer may be found non-compliant and could be fined or barred from hiring temporary workers for certain period of time.
Some of the reasons that an employer may be considered non-compliant are the following:
Employer fails to prove offer of employment was true
The employer could not show that the information they listed in the offer of employment was true, for a period of six years, starting on the first day the temporary worker worked for them.
Employer fails to keep documents proving it met the conditions of employing a temp worker
The employer did not keep documents that show they met the conditions of employing a temporary worker, for a period of six years, starting on the first day the temporary worker worked for them.
Employer does not have enough funds to pay wages of a live-in caregiver
The employer did not have the money to pay the wages agreed to with a live-in caregiver.
Employer fails to prove the Labour Market Impact Assessment submission was true
The employer could not show that the description they gave for the job on the Labour Market Impact Assessment application was true, for a period of six years, starting on the first day the temporary worker worked for them.
Employer fails to meet up with an inspector
The employer did not show up for a meeting with the inspector, to answer questions and give documents the inspector asked for.
Employer did not provide documents as requested by an inspector
The employer did not give the inspector the documents they asked for.
Employer was uncooperative during an inspection
The employer did not show up for an inspection, and did not help or give information to the inspector when asked to.
Employer violated laws on hiring workers
The employer broke federal and/or provincial/territorial laws about hiring and recruiting employees in the province/territory where the temporary worker works.
Employer fails to honor pay and/or working conditions
The pay and/or working conditions did not match, or were not better than, what was listed on the offer of employment, or the job was not the same as what was listed on the offer of employment.
Live-in caregiver does not live in a private home
The live-in caregiver was not living in a private home in Canada or was not providing unsupervised care for a child, senior or disabled person within the home.
Hiring of temporary worker did not improve job prospects for Canadian citizens
The hiring of the temporary worker did not create new jobs or job stability for Canadian citizens or permanent residents.
Hiring of temporary worker did not improve skills for Canadian citizens
The hiring of the temporary worker did not result in Canadian citizens or permanent residents getting new or improved skills and knowledge.
Employer failed to employ or train Canadian citizens
The employer did not hire or train Canadian citizens or permanent residents as they agreed to.
Employer failed to honor promise to hire or train Canadian citizens
The employer did not put in enough effort to hire or train Canadian citizens or permanent residents as they agreed to.
The employer was not actively engaged in the business that the temporary worker was hired to work for (aside from live-in caregivers).
Employer failed to provide private living space for live-in caregiver
The live-in caregiver did not receive private and furnished living space in the home.
Employer failed to protect workplace from abuse
The employer did not put in enough effort to make sure the workplace was free of:
- physical abuse,
- sexual abuse,
- psychological abuse, and
- financial abuse.