FAQ
Necessary government documents
What is the difference between an unnamed LMO and an LMO?
An unnamed LMO or “pre-approval to hire temporary foreign workers” is a process introduced by Service Canada for employers hiring foreign workers in occupations where the recruitment activities are “prolonged and/or extensive.” Given the current pressure for workers, most of the occupations in the construction industry fall under this category. Unnamed LMOs are used when the employer wishes to have an “approval in principle” prior to starting the recruitment phase. It is important to note that unnamed LMOs do not guarantee a positive Labour Market Opinion from Service Canada.
LMOs are specific to a particular worker and the labour market situation at any given time. The actual determination of a positive LMO can only be made after the employee has been selected. If you have already applied for an unnamed LMO, you will only provide the worker-specific information once you have selected your worker. For employers who have not applied for an unnamed LMO to hire a worker, the full application process for the LMO is completed when the employer has found the worker they wish to hire.
You can find more information about applying for unnamed LMOs and LMOs in CIC’s Guide to Employers on hiring TFWs.
What role does the employer have in the visa application?
Officially, employers have two roles in the visa application. Employers must provide the worker with both a copy of the positive Labour Market Opinion, and a job offer. It is important to remember that it is the worker who applies for the work permit and not the employer.
Unofficially, the employer can play a role in helping to speed up the processing time by supporting workers through the process. Some employers in the construction industry complete testing of skills and qualifications prior to making a job offer. If testing has been conducted, employers should provide copies of the results to the worker. The worker can then use this documentation as proof that they meet the requirements of the job as described in the LMO and the job offer.
Certified translation of documents in one of Canada’s two official languages and copies of originals that are clear and legible can decrease processing times. Employers can provide translation and administrative support where required to ensure the worker submits high quality documentation with the application.
For a description on how to apply for a work permit see CIC’s Working temporarily in Canada: How to apply.
Job offers
What should be included in a job offer?
Job offers for temporary foreign workers differ slightly from regular job offers for the simple fact that they are meant to be temporary. However, it is important to remember that in all other respects,TFWs should be treated the same as any other worker. All entitlements afforded to Canadian employees should be included in the job offer.
Minimally, the offer should include reference to the following items:
- Duration of the contract – The length of employment cannot exceed the duration of the LMO.
- Job description – The job description must be the same as the one used in the LMO.
- Work schedule – Hours of work should be defined. Employee entitlements for breaks, overtime, vacation, and sick leave should be included in this section as well.
- Wages and deductions – Wage rates and deduction schedules must be identified. Include all required Canadian and provincial deductions (including but not limited to taxes, employment insurance, CPP/RRQ deductions). Recoupment of employer costs should also be included in this section. Remember that recoupment of costs for recruitment and retention of the worker is not allowed.
- Accommodation – Information on accommodation should be included for workers going to remote construction locations. In addition, refer to question “Are there special requirements for job offers to people in occupations requiring lower levels of formal education (NOC C and D)?” for specific accommodation requirements under this pilot.
- Hospital and medical care insurance – TFWs are entitled to access provincial hospital and medical insurance coverage. Each province has a specific waiting period where the worker is not eligible. All employers must meet the health insurance requirements and payments for WSIB/WCB. Also, this section should include any coverage included in employee benefit packages and that set out in any prevailing collective agreements.
- Workplace safety insurance (Workers' Compensation) - All employers must meet the health insurance requirements and payments for WSIB/WCB. This should be included in the offer.
- Notice of resignation/termination – Restrictions for resignation and termination should be identified. This includes the amount of notice required by employer and worker, and type and amount of compensation provided should the worker or employer not meet the notice requirements.
- Legislative and collective agreement application – Employers must abide by all standards set out in any labour standards acts or collective agreements. Any terms of the contract that contravene or are less favourable than these acts or agreements cannot be upheld and should not be included.
Can I include travel costs and other pre-paid supports as payroll deductions in the job offer?
Typically, the use of payroll deductions is covered in provincial employment standards acts or codes, so the allowable deductions will vary from province to province. A good rule of thumb is that you must have written permission from the employee before making the deductions. However, even then there are some deductions that may not be allowed. For instance, in Alberta, deductions are not allowed for faulty workmanship or for shortages or loss of property where more than one person has access to the cash or property.
Are there special requirements for job offers to people in occupations requiring lower levels of formal education (NOC C and D)?
Guidelines governing TFWs in the NOC C and D occupational codes are covered under the pilot project for occupations requiring lower levels of formal training. In addition to all of the items listed in the question “What should be included in a job offer?,” there are a number of unique items that need to be in the job offer for workers covered under this pilot.
- Transportation – The employer must indicate in the job offer that they will cover all recruitment costs related to the hiring of the foreign worker.
- Accommodation – Employers must help workers find accommodation that is "suitable and affordable."
- Medical coverage – Employers are responsible for covering the costs of medical coverage until such time as the worker becomes eligible for provincial health insurance.
- Review of wages – When the contract extends over 12 months, the employer must commit to a review and adjust wages at the end of the first 12 months.
Human Resources and Skills Development Canada (HRSDC) provides a sample employer-employee contract that includes all of the requirements of this program.
Recruiters/labour brokers
How can I tell if a recruiter or recruitment agency is reputable?
Most employers who have experience with hiring TFWs will tell you, “If it sounds too good to be true, it probably is.” This definitely applies to recruitment agencies. Recruiters come in all shapes and sizes. Some are employment specialists, others may play a variety of roles, including immigration lawyers.
Employers with experience in hiringTFWs have indicated that a reputable recruiter or employment agency will insist on involvement from the employer. Reputable recruiters do not promise to do all the work, and will provide a fee schedule covering all of the services they offer. Although it is focused on Alberta, the Alberta Immigration Consumer Tipsheeet – Employment Agencies is a good place to learn about what makes an employment agency reputable.
What is the difference between recruiters/labour brokers in Canada and abroad?
The issue of whether a broker is in Canada or abroad is not important. Some Canadian recruiters may work out of offices within and outside of Canada. What distinguishes the two types of organizations is whether the recruiter is licensed to operate in Canada. Choosing a company that is licensed to practice in Canada may help to ensure that the company has met a minimal set of standards and is easier to contact if something does require attention. Recruitment companies in Alberta must be licensed in both Canada and in Alberta. See the Alberta Consumer Tipsheet – Employment Agencies for more questions about recruiters.
Is there legislation that governs recruiters?
Unfortunately there are no overall guidelines or regulations specific to recruitment agencies across Canada. All recruiters in Alberta must be licensed under the Alberta Employment Business Licensing Regulations, which follows the regulations of the Canadian Fair Trading Act (FTA). Manitoba also has legislation that governs recruiters and requires them to be registered. For more information go to the Government of Manitoba website.
Who pays the recruiter?
Fees for the recruiter are primarily the responsibility of the employer. The only time an agency can charge a fee to the worker is for services such as résumé preparation. The agency cannot insist that the potential worker use their fee-based services as a condition for helping the worker to find work. Under the Fair Trading Act, the following activities are not permissible:
- No fees can be charged to workers for placement services (finding them a job).
- Bonds or deposits from a person that will not be returned if they do not complete the work term or employment contract are against the law, even if it may be refunded later.
- It is illegal for employers to recover the costs of employment agency/recruitment services from the employee (this is a violation of the FTA). Agencies who promote this as an option are misleading the employer.
What questions should I be asking recruiters?
To determine whether recruiters’ services will be useful, employers should consider asking the following questions:
- What services does the recruitment agency provide?
- What type of involvement do they expect from employers?
- What is the screening process the recruiter uses to ensure workers have the skills that are required for the job?
- Is the recruiter licensed to operate as a business in Canada (or Alberta if the employer is looking for workers for an Alberta site)?
- Does the recruiter have a list of fees for services provided to people seeking employment?
- Can they provide a reference list of Canadian (or Alberta) companies and TFWs who have used their services?
Orientation and training
How can I help workers when they arrive in Canada?
Employers are responsible for the orientation of their employees. Integrating them into the workforce is a joint responsibility between the employer and employee. As with all workers, employers are responsible for ensuring that TFWs have been provided with workplace health and safety training required by provincial labour laws.
However, employers with experience hiring foreign workers say that the legal requirements are not enough. Successful integration of workers who are not familiar with the language, culture and day-to-day operations of a Canadian construction site require other sorts of supports.
Some employers support foreign workers from the moment they arrive in Canada by arranging for someone to greet the worker at the airport. Some employers also offer assistance to find accommodation, complete forms for automobile licensing and insurance, introduce workers to the Canadian banking system, among other early settlement activities. Some provinces have developed guides to help foreign workers and new immigrants. Alberta has a site with a series of checklists employers can use to ensure that they have addressed most orientation issues. Check provincial websites under “immigration” for specific integration issues and supports available in each province.
Supporting foreign workers also includes preparing the workplace prior to the arrival of the worker. Segregation between workers will not ensure a well-coordinated team. Some employers establish mentoring programs between established employees and new foreign workers as a way to help with integration; others offer cultural awareness training prior to the arrival of workers. Employers using foreign workers on the job site need to create a balance between cultural considerations and accommodations, and managing the foreign workforce in the same manner as the rest of the team.
Are there organizations who can help workers adjust?
There are many organizations and resources which help people new to Canada to adjust to Canadian life. Going to Canada provides advice for people coming to Canada to live, work and visit. The site includes information on financing, housing, health care and adjusting to Canadian life. Canada also has a wealth of local organizations that can provide support and guidance to new workers. These may include consulates and embassies, specific cultural organizations or immigrant-serving organizations. Some of these organizations are able to provide free supports to TFWs and employers, while others will require a fee to provide specific services such as English as a second language (ESL) or cultural awareness training, translation and interpretation, and so on. Contact local immigrant-serving organizations to find out what supports they can offer.
Rights and obligations
Do foreign workers pay EI, CPP and WCB/WSIB?
Yes. All people working in Canada in an employer/employee relationship are responsible for paying into Employment Insurance, Canada Pension Plan (CPP) and WCB/WSIB. Employers must ensure that that same payroll deductions and employer remittance activities are completed for all employees, including TFWs. For more information about TFWs and CPP, see the brochure from HRSDC. For more information about TFWs and EI, see the brochure from HRSDC.
Do temporary foreign workers have the flexibility to work in a union or non-union employment situation?
All workers working on construction sites covered by a collective agreement are bound to follow the collective agreement. As such, TFWs working at a unionized work site must be union members, and are entitled to the same rights and obligations laid out in the collective agreement. As with any worker, TFWs should be provided with any information about the collective agreement or the prevailing labour organization(s) upon hiring. Prior to hiring TFWs, employers should ensure that this hiring will not contravene any existing collective agreement or affect a current labour dispute.
Retention
Can workers move from one employer to another?
The simple answer is yes, workers can move from one employer to another. They are not bound to stay with one employer while in Canada. However, both the LMO and work permit are tied to a specific employer and a particular job and location. As a result, employees can only work for one employer at a time. They cannot move without going through the same process (LMO application, work permit application) as when they entered Canada.
To legally change employers, a TFW must be named on an employer’s positive LMO, and the TFW must obtain a new work permit for the new job. The worker does not have to leave Canada to do this, nor are they obligated to tell their current employer they are looking for another job.
What type of monitoring is included in the TFW Program?
In April of 2009, HRSDC introduced a Monitoring Initiative, in which all employers will be asked to participate. The initiative is designed to have employers provide documentation to HRSDC about labour conditions and on the follow-through of the employment agreement conditions between a TFW and the employer, and allow HRSDC/Service Canada employees to complete on-site consultations. While the program is optional, HRSDC indicates that information gathered as part of the monitoring process may be considered in future LMO considerations. For more information see the HRSDC web page on the initiative.
This page last updated December 2009
