Hire a worker without an LMIA: after you hire a temporary worker
After you hire a temporary foreign worker
After you’ve gone through the hiring process and the temporary worker’s application for a work permit is approved, you have certain responsibilities and conditions you must meet.
As someone who hired a temporary worker through the International Mobility Program, you must:
- make sure you see their work permit and know its expiry date
- meet the conditions listed on the work permit, including the
- job location
- length of time they can work in Canada
- meet the details of the offer of employment that you submitted to us, including
- a job in the right occupation
- duties that match the National Occupation Classification (NOC) code
- no pay and working conditions less favourable (only equal or more favourable)
- set up medical insurance and workers’ compensation benefits for when they arrive in Canada
- as required by your province or territory
- as listed in the offer of employment
- be active in the business that submitted the offer of employment for as long as the work permit is valid
- meet all applicable federal, provincial and territorial employment and recruiting laws
- make sure the workplace is free of physical, sexual, psychological and financial abuse, as well as any form of workplace retaliation for "whistle-blowers"
- make sure you, or a designated employee, show up for any inspections to answer questions and hand over all requested documents or information
- be able to show that the information submitted on the offer of employment was accurate, and that you provided the temporary worker with the same offer of employment (contract)
- let employees follow any order made under the Quarantine Act and Emergencies Act, or any provincial law or orders related to COVID-19
- pay the foreign worker for any period that they’re in mandatory isolation or quarantine upon entering Canada, even if the worker is unable to perform any work duties
Keep documents for 6 years
You must keep any documents you have about the employment of your temporary worker for 6 years from the date we issued their work permit. We may ask you to submit the documents to show you have complied with the worker’s offer of employment.
For example, if you hire a worker, you may be required to submit a log or record of the number of hours they worked. This can protect you or the worker when the number of hours in the contract changes.
You may also need to show any documentation about the employment of the foreign worker if they don’t end up working for you, or if they don’t stay for the entire length of the work permit. You’ll also need to fill out a voluntary disclosure form if the conditions in the offer of employment change.
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