Is Hiring Temporary Foreign Workers Right For My Business
Over the years I have had hundreds of calls from businesses asking different versions of that question. Should we hire foreign workers? How much paperwork will I have to file? How much precious time do I have to sacrifice? Service Canada keeps turning me down! I used an agency and they disappeared and I never got my workers! My workers arrived but they weren’t qualified for the job! I wish I could keep my workers but I just found out that they don’t have what they need to stay in Canada.
Almost every employer that comes to us for assistance has had at least one negative experience with the Temporary Foreign Worker (TFW) Program in the past. What we do know is that with an ever-expanding labour shortage, this program will become a necessity for many restaurant and food service providers. So how do you make sure you do not get caught when navigating the TFW maze? How do you ensure that your company will recruit the best workers, retain your staff, and revitalize your workforce? Here are a few important tips to keep in mind.
1. Be Diligent
Hiring foreign workers is a multi-layered responsibility. First, you must decide whether you are prepared to invest your own time and energy to obtain government approval to hire workers from overseas. If you do decide to handle the process in house and don’t want to do it yourself, you should have a designated individual who can become an expert and stay on top of the process. Hiring foreign workers requires expertise in provincial labour standards, HRSDC requirements and immigration law.
Another option is to use a reputable foreign recruitment firm to handle the process for you. You will be empowering the agent to become your third party representative and act on your behalf in all matters pertaining to the recruitment of your workers. This can be quite dangerous, unless you have engaged a company that is licensed and has a stellar reputation with HRSDC and Immigration Canada. Bear in mind that in most cases recruiters need to be licensed both here and overseas. Manitoba, Alberta and British Columbia have strict licensing requirements. The CRFA has selected foreign recruitment firms based on their ethics and compliance with all government regulations. http://www.crfa.ca/resources/labourshortagetoolkit/. Agents that offer services without charging fees are usually receiving money from the workers. Using an agency such as this will expose you to tremendous risk. It is wise to use an agency that has a CSIC licensed immigration consultant on staff. Choose your recruiter carefully!
2. Stay ahead of the game
Legislation pertaining to the employment of foreign workers changes frequently. Check the Gazette (www.gazette.gc.ca) and the HRSDC website (www.hrsdc.gc.ca)
regularly for updates. For example, new legislation coming into force April 2011 states that after four years of working in Canada, most foreign workers must return home for a four-year period. This rule will not apply retroactively. The clock starts ticking on April 1st, 2011.
3. Past compliance is critical to future success
Another new change coming into force is the Past Compliance Audit. When applying for a new Labour Market Opinion (LMO), the Service Canada Officer may request copies of previous paystubs, internal agreements (i.e. uniform deductions, money loaned to purchase furniture, etc.) and evidence that the employee has worked in the exact location as listed on the LMO for the required number of hours. This may be difficult for many employers who may have had to decrease hours during the recession. If you fail the audit, and are unable to provide proper justification, the company’s name will be added to an HRSDC blacklist and you will be banned from hiring temporary foreign workers for at least two years. Companies who wish to have success with the program should have these documents prepared in advance. Knowledge of government expectations will result in less aggravation with future applications.
4. Pre-screen recruits for retention
The qualifications foreign workers need to work in Canada temporarily are much less extensive than those needed to immigrate permanently. Successful companies select overseas candidates while keeping current immigration requirements in mind. You should be looking for candidates who can qualify for a skilled position down the road. For example; if you are screening for a food counter attendant, delve into your recruit’s history and extract evidence of skilled work (potentially as a cook, supervisor, etc.) and higher education. Although programs are available for low skilled workers to become permanent residents, the numbers accepted are limited each year. If applying under the federal skilled worker program based on the point system, Immigration Canada accepts applications from skilled workers with evidence of one year of continuous full-time or equivalent paid work experience in the last ten years. However, this is not true for all skilled workers from certain countries. In some countries, a skilled worker must have at least four years of skilled work experience in the last ten. Your ultimate goal is to retain exceptional staff. A good strategy is to recruit candidates with two years of skilled work experience from overseas and then give your employees the opportunity to gain that valuable extra two years while working in your company. This will provide them with the work experience needed to apply for Permanent Residence Status.
Companies who are now experiencing the tremendous benefits of a well-designed foreign recruitment program have used due diligence when recruiting foreign workers. They had the foresight to create a long term recruitment strategy to manage labour shortages. They have kept themselves abreast of changes so as to be in full compliance with all laws governing the program. And, they can now retain their workers because they recruited candidates who qualified in advance for the many immigration programs available. A well executed foreign recruitment program results in staff retention and revitalization of a sluggish workforce and ultimately improved bottom lines for your company.
Submitted by Benjamin Guth, Director of Operations, Diamond Global Recruitment Group
