Applications for a foreign in-home caregiver position, where there is a live-in requirement, will not be processed unless you can demonstrate that the position is for high medical needs clients or for truly exceptional circumstances.
Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.
For the purpose of the Temporary Foreign Worker Program, you must pay the prevailing wage which is defined as the highest of either:
To determine the median wage on Job Bank:
If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.
For the purpose of determining the wage rate being offered, we will only consider guaranteed wages, which exclude:
In certain circumstances, industry-specific wage rates have been identified and are considered as the prevailing wage rate during the assessment of the application. These sectors have unique wage requirements:
If you want to hire a temporary foreign worker for a job in the province of Quebec, you must consult the wage table provided by the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (French only).
Please note that failure to meet the prevailing wage will result in a negative LMIA decision.
The temporary foreign workers you hired, as a result of a positive Labour Market Impact Assessment, must only perform duties that correspond to the occupation they were hired for.
Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.
Employers must:
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.
Note: Some employers are federally regulated and are therefore covered by the employment standards under the Canada Labour Code.
In applicable provinces/territories (P/Ts), you must obtain and pay for private health insurance that covers emergency medical care for any period during which the TFW is not covered by the applicable P/T health insurance system.
The coverage the employer purchases must correspond with the TFWs’ first day of work in Canada and the costs must not be recovered from the TFWs.
During an employer inspection, an ESDC/SC inspector will look at the policy coverage to make sure that it has not been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the TFW is not covered by the P/T health insurance. Some private insurance companies offer more comprehensive plans, but ESDC will accept a basic plan so long as it ensures that the TFW will not have to pay for medical care if they become sick or have an accident while working in Canada.
To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each TFW, as well as the terms of the policy coverage (for example, the details of what is covered).
You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:
If you are enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.
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