While Economic Immigration in Canada is not a new topic of discussion, over the past few years Canada has faced an immigration boom like no other. With a proudly diverse employment force, it is critical for temporary foreign workers and foreign students who are employed to understand their rights and entitlements while working in Ontario. This includes understanding employer obligations during the hiring process and throughout the employment relationship.
For employers, supporting foreign nationals working in Ontario is not only about compliance with IRCC or ESDC. It is about assessing the needs of your company and industry, enhancing internal and external relationships, improving employee retention, and supporting long term growth.
Below, we at Sultan Lawyers provide a brief overview of how Ontario employers can effectively support foreign nationals in their employment journey at every stage from recruitment to long term integration.
Some employer requirements in accordance with provincial and federal laws include:
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Paying the foreign national the proper wage in compliance with the requirements of Immigration, Refugees and Citizenship Canada
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Ensuring the foreign worker is knowledgeable about their rights while in Canada
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Remaining in compliance with the agreed offer of employment and all related conditions
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Securing proper provincial or federal certifications
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Maintaining employment standards and relevant workplace safety
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Providing proof of business legitimacy and operations in Canada
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Providing a transition plan for the employee’s onboarding and duration of employment
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Complying with reporting requirements, data requests, and audit inspections
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Paying recruitment and relocation fees. Employers are generally responsible for recruitment costs. Responsibility for relocation fees may vary depending on the specific immigration program and employment agreement.
Additional methods of support that can help employers facilitate a smooth hiring process include the following.
Provide Settlement Support
Foreign nationals often face unique challenges beyond the workplace, especially when arriving in Canada for the first time. Employers can play an important role by supporting candidates through their transition to new routines, culture, and community life.
Ways employers can assist new employees include:
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Connecting employees with local resources such as healthcare, childcare, education, financial services, and social support programs. Employers can enhance the settlement experience by directing temporary foreign workers to local settlement service providers. These organizations offer language training in English and French, information regarding customs and life in Canada, community connections, and job search support for family members.
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Assisting with transportation and airport pick up
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Assisting in securing temporary or permanent housing
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Providing essential items such as winter clothing or personal protective equipment
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Offering flexibility in work schedules so employees can address settlement needs
Foster an Inclusive Workplace Culture
Diversity, equity, and inclusion along with cultural competence are essential elements of Canadian immigration. These principles address historical inequities and help foster a more inclusive society where all individuals can thrive. Inclusion is not simply about meeting numbers. It is about creating an environment where all employees feel they belong and can excel both professionally and personally.
Effective strategies include:
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Providing clear orientation regarding Canadian workplace norms and company culture
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Encouraging open dialogue about cultural differences
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Implementing clear workplace policies that ensure compliance and support a workplace free from discrimination
Offer Training and Career Development
Employers can support the long term growth of foreign workers by:
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Providing training programs related to workplace practices
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Offering professional development and upskilling opportunities
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Encouraging participation in leadership and team building activities
Engage Existing Staff in Inclusion Efforts
Successful integration requires more than the individual efforts of foreign nationals. Employers can help their teams embrace diversity through:
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Facilitating intercultural training and awareness sessions
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Encouraging collaboration and team building across diverse backgrounds
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Implementing mentorship programs that support collaboration and increase job satisfaction, retention, and organizational commitment
Understand Program Specific Responsibilities
Depending on the immigration program or strategy that applies such as the Immigration Mobility Program, Provincial Nomination Program, Permanent Residency through Express Entry, or the Rural and Northern Immigration Pilot, employers may have additional specific obligations. It is essential that employers understand and comply with all program specific requirements.
Call Sultan Lawyers for a Flat Rate Consultation
As a company that regularly works with both employers and employees in the immigration and employment law sector, we offer a unique perspective. At Sultan Lawyers, we provide well rounded guidance to help assess your obligations as an employer who wishes to support an employee through their immigration journey.
Your Case: Our Priority.
At Sultan Lawyers PC, we are the only firm specializing exclusively in employment and immigration law. Whether your case is straightforward or complex, we have the experience and commitment to achieve the best possible outcome. Trust us to navigate the toughest challenges with you.