Service Canada hinders Arborg-Bifrost hiring
ARBORG-BIFROST - Many local businesses have been finding it hard to hire the immigrants who are waiting in the wings to fill vacancies, and hoping to make Arborg-Bifrost communities their home.
Koby Wiebe, coordinator for the Arborg and Riverton Immigrant Settlement Services, says that he can immediately think of 10 to 15 employers currently being impeded by Service Canada's rules, with 15 to 20 prospective employees waiting in limbo.
"Every week someone contacts me about it," Wiebe said.
Often the employers have already found people to hire, some of whom currently live in places like Bolivia, Paraguay, and the Philippines, and some who already live in the area.
"Some want to come. Some are already here. The employers would love to have them, but they don't have the work permit. The LMO (Labour Market Opinion) is getting in the way of it," he said.
The LMO is a number that Service Canada comes up with that shows that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job. Businesses have to come up with a positive LMO in order to be able to hire an immigrant.
Prospective employers must show the efforts made to recruit and/or train willing and available Canadian citizens or permanent residents; that the wages offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region; that the working conditions for the occupation meet the current provincial labour market standards; and any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge.
Local employers have had 90 per cent of their applications rejected by Service Canada, which claims that there is not a shortage of these types of workers in Canada.
"They want (Arborg-Bifrost) businesses to advertise in Toronto and Vancouver," said Wiebe.
"It's hard, to impossible to get an LMO," he said, "The employer doesn't get permission to hire a foreign worker because the LMO comes back negative."
Federal rules, which dictate the wages a foreign worker must be paid, at first glance sound like a good thing.
But Service Canada has not been taking into account that different regions pay different rates, according to their own economic realities.
"The prevailing wage is lower in rural areas. Service Canada does not understand how the rural areas work. Even low-skilled people are hard to find in the rural areas. They (Service Canada) are city-oriented. They say foreign workers must be paid the (overall) "prevailing wage", which is often higher than those currently being paid here," said Wiebe.
Canada Job Offer Foreign Worker - News
The LMO is a number that Service Canada comes up with that shows that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job. Businesses have to come up with a positive LMO in order
Under the amendment, applicants who formerly qualified because they had been living in Canada with legal status as a temporary foreign worker or international student will no longer be eligible under the Federal Skilled Worker program.
There has been much talk around temporary foreign workers (TFWs) of late. In past, the occasional media blip about some person from some other country being injured or abused at a Canadian workplace failed to inspire much more than passing notice.
They shared a reluctance to leave their homelands and expectations of what Canada had to offer. But in the 51 years that separated their arrivals, much has changed for newcomers. The journey to integration and acceptance has jumped from a few years to
Molly: After a couple of weeks I got a job with a cleaning company, and then another job cleaning. Six months after we got here I started training to be a personal support worker. Wilma: Molly is the hardest worker of all the people I know,
New enforcement regime under the Immigration and Refugee ...
On April 1, 2011 new Immigration and Refugee Protection Regulations came into force bringing in a more onerous Labour Market Opinion (“LMO”) and work permit application program and a harsh enforcement regime that heavily penalizes employers who do not honour their agreements with temporary foreign workers (TFWs).
When making LMO and work permit applications, employers and foreign nationals now face a more comprehensive assessment of the “genuineness” of the job offer, including whether, and among other things:
The employer is actively engaged in the business; The job offer is consistent with needs of the employer; The employer is reasonably able to fulfill the terms of the job offer; and The employer has complied with federal/provincial/territorial laws regulating employment in the province/territory where the worker will be employed.In addition, government officials will be assessing whether or not employers respected their agreements with TFWs in the two year period before any LMO or work permit application is made. If it is found that an employer failed to provide substantially the same wages, working conditions and occupation as set out in previous job offers, and did not rectify the problem or cannot justify the discrepancy based on certain criteria, then the employer faces harsh penalties, such as:
The refusal of work permit applications for any foreign national offered a job by that employer; Ineligibility to hire a temporary foreign worker for 2 years; and The employer’s name displayed on CIC’s Temporary Foreign Worker Program’s Ineligible Employers website.Possible breaches include:
Paying TFWs less than promised; Providing TFWs with poor working conditions or giving them different occupations from those agreed upon in the original offer of employment; Providing inadequate accommodations for some TFWs; and Third-party agents charging fees to workers, rather than employers, in contravention of existing provincial/territorial legislation.There is also a very harsh penalty on TFWs who enter into an agreement, or an extension of an existing agreement, with an employer who is not eligible to use the TFW Program as described above. In that case, the TFW would lose his or her temporary status in Canada. TFWs therefore need to consult the CIC Ineligible Employers website to make sure they do not run afoul of this requirement.
The new regulations also bring a “4 years in, 4 years out” provision under which the duration of cumulative years a TFW can work in Canada is capped at 4 years. Once the cap is reached it must be followed by a period of at least 4 years when the TFW will not be authorized to work in Canada. The calculation does not include periods of time worked in Canada prior to April 1, 2011. There are also some very important exceptions where this new regulation does not apply in certain circumstances.
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