Firm Consequences for Employers Who Violate the Temporary Foreign Worker Rules

Starting December 1st 2015, new rules will be implemented by Citizenship and Immigration Canada. These rules have defined strict penalties for employees who violate and abuse TFW program rules.

These rules are defile to proved improvement in TFW quality and respect employees’ rights.

Presently, employers who have disobedience the rules will not be able to benefit from TFW advantages for two consecutive years, no matter how severe the violation is.

According to Employment minister, Pierre Poilievre, these new rules are made to make sure each employee will face appropriate consequences whenever they misuse Temporary Foreign Worker program rules.

According to these new penalties, employers who disobey the program rules will be abandoned from program for duration of 1 to 10 years, along with fines to pay, in some sever cases. Fines may vary from $500 to $100,000 per violation. The ban duration and the amount of fine depend on the level of violation.

Last year Employment and Social Development Canada published a discussion paper containing a list of offered penalties; revisions have been made to this list. Here is the list of revisions:

 

  •  Maximum $1 million penalties for each employer per year.

  •  30 days period for employers to submit their appeal request on penalties.

  •  If employers voluntarily reveal their disobedience, their penalties will be lowered.

  •  Announce a blacklist including banned employers names from the program.

 

Against some opposition to these penalties for small businesses, the regulations are welcomed by the majority. The purposes of providing appeal opportunities are to offer employers a more reasonable solution while facing errors which had been made in good faith.

Photo by Irina on Unsplash

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