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CIP 147: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know

Podcast Show Notes: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know

In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry discuss the growing issue of abuse within Canada's Temporary Foreign Worker Program (TFWP). They explore the legal obligations of employers, the rights of foreign workers, and the severe consequences of non-compliance with immigration and employment laws.

Mark and Alicia provide an in-depth analysis of:

  • Understanding the LMIA Process: An overview of the Labour Market Impact Assessment (LMIA) process and the employer's responsibilities in hiring foreign workers, emphasizing the illegality of charging workers fees for LMIAs.

  • Recent Cases of Employer Abuse: Discussion on a recent case from Calgary where an employer was penalized for charging illegal fees and not paying overtime, highlighting the judicial consequences and restitution ordered by the court.

  • Options for Abused Workers: A breakdown of the rights and options available to foreign workers who experience abuse, including applying for a Vulnerable Worker Open Work Permit and reporting abuse through government channels.

  • Penalties for Employers and Misrepresentation: An explanation of the fines, penalties, and potential criminal charges employers can face for violating the Immigration and Refugee Protection Act (IRPA), including counselling misrepresentation and the importance of employers understanding their obligations under the law.

  • Preventing Abuse and Ensuring Compliance: Practical advice for employers on maintaining compliance with Canadian immigration laws, and guidance for workers on how to protect themselves and report abuse if they are victims of exploitation.

Tune in to this episode to learn more about the rights of foreign workers, the responsibilities of employers, and how to navigate the complexities of the Temporary Foreign Worker Program. Whether you're an immigration lawyer, consultant, employer, or prospective immigrant, this episode provides essential information to help you understand and comply with Canada's immigration laws.

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Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.