Hiring foreign workers is an excellent way to address labour shortages, but employers must be ready to comply with strict regulations to avoid penalties and the potential for reputational harm that comes with failed audits.
This checklist will help you meet your obligations under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
Employer Obligations
- Employment Standards Compliance:
- Provide resources to foreign national employees upon hire regarding their rights
- Provide wages, benefits, and working conditions consistent with federal and provincial labour laws.
- Ensure employees work only in the role and location specified in their work permit (if applicable).
- Record-Keeping:
- Maintain payroll records, job descriptions, and proof of recruitment efforts for at least six (6) years and ensure they can be accessible regardless of staffing changes.
- Monitoring and Inspections:
- Be prepared for government audits by keeping all documentation organized.
- Respond promptly to requests for additional information.
Common Reasons for Failed Audits
- Failing to pay the wages stated in the job offer.
- Assigning tasks outside the approved job description.
- Non-compliance with applicable employment standards, such as unpaid overtime.
How to Stay Audit-Ready
- Regularly review your hiring and payroll practices.
- Use a tracking system to ensure records are up-to-date.
- Seek professional advice to navigate complex requirements.
Partner with LWimmigration.com for Compliance Success
Navigating compliance can be overwhelming, but you don’t have to do it alone. At LW Immigration, we specialize in helping employers stay compliant while successfully managing their foreign worker programs. From developing robust record-keeping systems to preparing for audits, our expert team is here to guide you every step of the way.
By adhering to these guidelines, you can build a compliant and productive workplace for your foreign workers. Contact us today to learn how we can support your business.
