KEYAPPLY - IMMIGRATION INVESTMENT

Canada's humanitarian policy: Work permits open to those who are exploited.

The Canadian government provides work permits to exploited workers, but workers need to prove they have been mistreated. Employers must comply with 28 conditions when hiring foreign workers. If a worker applies for this permit, the employer becomes subject to investigation and may face serious legal consequences. However, some workers have abused this type of permit. Workers need thorough counseling before applying.

Below is an article written to us by Lawyer Phan Thanh regarding the current issue, along with a four-year open work permit that Lawyer Phan Thanh recently helped a client obtain.

The work permit for exploited workers is a special humanitarian policy of the Canadian government for individuals working in Canada with a work permit linked to a specific employer. To apply for this permit, workers need to prove that they have been abused by their employer and point out the employer's wrongdoings.

When a business hires foreign workers, especially those under the LMIA scheme, the employer must comply with 28 conditions in addition to the basic obligations of a typical employer in Canada. In reality, many workers, due to a lack of understanding or being manipulated by intermediaries colluding with employers, are brought to Canada only to be abandoned, exploited, or paid less than promised wages, or assigned to jobs or work locations that do not match the terms agreed upon when applying for a work permit.

Workers in this situation are often threatened with deportation from Canada if they don't comply. However, Canadian law generally protects such workers. They can apply for a work permit for exploited workers, usually for one year. In one exceptional case, a person in BC obtained this type of work permit for up to four years. However, this individual's case was quite unique; the employer violated more than 12 conditions and showed signs of organized crime. Lawyers had to intervene to work with provincial and federal labor authorities.

This indicates that when workers apply for this type of permit, the employer becomes subject to investigation by the labor management agency. The employer will face penalties and may find it difficult to obtain an LMIA to recruit foreign workers. In more serious cases, managers may face personal liability, including criminal liability. Therefore, employers need to be extremely cautious when hearing someone say they have the right to exploit or mistreat foreign workers and do whatever they want.

ABUSE OF OPEN WORK PERMITS: A WARNING FOR WORKERS

Conversely, some workers have also abused this type of permit to seek work outside the home even though their employers have done nothing wrong. It's important to note that when applying for a work permit for an abused worker, if the worker cannot prove the employer's wrongdoing, the application may be rejected. Furthermore, making false accusations can also lead to legal consequences for the worker. Therefore, this permit should not be abused. Workers need thorough counseling before submitting their applications.

Another issue to note is that when there are many applications for work permits for abused individuals, the government will review the work permit and LMIA programs. Employers who genuinely want to bring workers to Canada will face significant difficulties in obtaining LMIAs and work permits. The government may target employers and workers of particular origin if that community has a history of fraudulent behavior and violations of the law in this area. It is hoped that employers will have a thorough understanding of the law to avoid being deceived and falling into regrettable violations. On the other hand, workers must also understand their rights and obligations to avoid exploitation, but also to avoid being incited by malicious individuals to make baseless accusations that could negatively impact their work and life in Canada.

SCHEDULE A CONSULTATION

The issue of recruiting foreign workers not only causes problems for workers, but also for business owners who may not fully understand the legal system and requirements. To protect the safety and rights of your business, or if you are a worker actually being abused, contact KeyApply to schedule an appointment with a lawyer for your case.

Attorney Phan Thanh, Doctor of Law, Velletta Pedersen, Christie Lawyers

  • Specializations: Business Immigration, Corporate, Commercial, Employment, and Commercial Real Estate Law.
  • Education: PhD in law (University of Victoria, 2018), LL.M. (York University, Osgoode Hall Law School, 2021), LL.M. (Nagoya University, 2013), LL.B. (Hanoi Law University, 2004).
  • Member: Canadian Immigration Lawyers Association, Canadian Bar Association, The Federation of Asian Canadian Lawyers (British Columbia).
  • Teaching locations: Immigration and Citizenship at Queen's University Faculty of Law and University of Victoria.

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