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Employer’s Obligations Following the Hiring of a Temporary Worker

After an employer has obtained a work permit for a foreign skilled worker (FSW), they must continue to respect certain requirements. Below is a brief description of the responsibilities that employers are faced with.

The employer must ensure that the FSW who was hired is in possession of all permits required in order to occupy the job in question. They must also respect all federal, provincial, and territorial laws regarding the job as well as the conditions indicated on the FSW’s work permit. In addition, the employer must maintain an active role within the company for the duration of the job.

The employer must also ensure that the FSW is offered a job that corresponds to the job offer, and provide the FSW with proper work conditions. They must respect the applicable provincial and territorial regulations pertaining to the FSW’s access to work accident compensation, as well as medical insurance. The employer is responsible for providing the FSW with a work environment in which they will not be subject to violence, whether it is physical, sexual or psychological, nor to financial exploitation. The work conditions and salary must meet, or be better than, those indicated in the job offer.

With regards to the retention of documents, the employer must keep any document regarding the FSW’s employment and job for six (6) years after the work permit has been obtained.

If ever the employer is subject to an inspection by Immigration, Refugees, and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC), they must participate and cooperate with the inspection.

For any questions regarding employers’ obligations following the hiring of a temporary worker, we invite you to contact us.

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