In-Home Caregiver Wages, Working Conditions and Occupations Temporary Foreign Worker Program (TFWP)
Employers applying for a Labour Market Impact Assessment (LMIA) must pay the TFW at a minimum, the posted prevailing wage for the occupation and work location where the TFW will be employed.
Employers must refer to the median wage published on Job Bank to determine the prevailing wage.
Process to determine the prevailing wage of the position
Use the job title of the available position and conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed.
- If the median wage is available on Job Bank, employers must pay the worker a wage that is equal or above that median wage for the economic region where the work will be located.
- In Quebec the prevailing wage rates are determined based on labour market information wage data published by Emploi-Québec (in French only).
- If the median wage is listed as “N/A” for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage.
Prevailing wage
Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.
Employers must review and adjust (if necessary) the TFW’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.
In addition, employers must ensure the wage offered to the TFW is not below any:
- Applicable federal or provincial/territorial minimum wage rates. If a provincially regulated wage for a specific occupation is greater than the wage posted on Job Bank, then the regulated wage will apply. As a result, employers must ensure they use this wage in all advertisements and on their application, in order to receive a positive assessment; or
- Wage schedules set by provincial/territorial legislation (for example Manitoba Construction Industry Wages Act).
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.
Working conditions
Canadian law protects all workers in Canada, including TFWs. The exploitation of a TFW is considered a violation of Canadian laws and human rights.
Employers must:
- pay workers for all work (including overtime, where required by law)
- make sure that the workplace is safe
- allow for proper break time and days off
Employment in most occupations is covered under provincial/territorial legislation that deals with labour and employment standards such as: hours of work, working conditions and termination of employment. In fact, every province/territory has a Ministry of Labour that can provide information to assist employers and TFWs with questions or issues related to work.
Occupations
Employers cannot force any TFWs to perform duties for which they were not hired or trained (e.g. if an employer submits an application to hire a TFW as a caregiver, the duties given to the worker must correspond to that occupation and not those associated with a cleaner).
