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Canada Temporary Foreign Worker Scheme Amendments: A Comprehensive Look

As it is known by now Canada has made certain amendments to the nation’s much talked about Temporary Foreign Worker Program (TFWP) even as these modifications became effective from July 31, 2013 onwards. The introduction of a $275 processing charge–for every submission filed for a ‘Labour Market Opinion’ (LMO) made by a national recruiter/firm–is the main improvement.

In case a Canadian recruiter/company wants to hire an overseas employee, it ought to first gain a ‘positive LMO’ even as the same should clearly reveal that there is a dearth of the qualified nationals who could do the work, and that an overseas employee is so needed. Ottawa proclaimed that it wanted to make modifications to the TFWP in the month of April this year; post it was alleged in on the TV that the TFWP was being blatantly exploited, was put on air.

Lower paid Indian workers substitute Canadian personnel

The programme claimed that the Maple Leaf Country’s national bank, together with an outsourcing company from India, was utilizing the TFWP to swap permanent workers of Canada with provisional manpower from India. The said programme claimed that 30-plus national employees had been made surplus even as they were left with no options except to offer training to their substitutes—the alleged lower paid, untrained personnel from India, who had arrived in the country with provisional work permits.

No exploitation of the arrangement

Paradoxically, afterwards there were hints that the said employees from India were not actually in the nation, via the TFWP, but that they had arrived through the Intra Company Transfer Scheme. In case so, the modifications made will not impact the practice of the firms outsourcing office functions of Canada to the outsourcing organizations from India, and a comparable state of affairs may occur at another bureau in spite of the given improvements.

Charge brought-in to meet processing LMOs expenses

Allegedly, a cabinet rearrangement took place somewhere in mid-July even as Jason Kenney, the then immigration minister, was shifted from his place. Presently, he holds the portfolio of the employment minister. Kenney informed the media sometime before this August wherein he allegedly furnished details about the modifications, which, as mentioned before, became effective from July 31 onwards. He reportedly said that the fresh processing charge would guarantee that taxpayers do not have to cough-up the fee of processing employer submissions for temporary overseas manpower any more.

The opposition and detractors, however, were not satisfied even as it was claimed that the restructurings to the arrangement do little to make certain that recruiters/firms are stopped from misusing the structure.

Key improvements made public by former immigration minister

  1. A processing charge of $275 for each provisional foreign employee position a recruiter seeks.
  2. Recruiters/companies may not now specify the speaking of any language, except the nation’s official two languages, namely, French and English, as a requirement for a worker filling a temporary job opening. This condition was put in place post claims made by a union of the country that a mining group of China, involved with a mine in the British Columbia (BC), required the miners to converse in Cantonese.
  3. Recruiters/companies will have to make more efforts to employ the national manpower prior to filing a petition for a LMO even as the same will comprise publicizing the opening for not less than 4 weeks.
  4. Recruiters/companies will have to carry-on seeking national workers even as the LMO is being duly processed.
  5. Further questions have been placed on the form for the LMO to necessitate the Canadian Recruiter/company to mention that it is not employing the TFWP labor force to substitute the local manpower.

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