Canada law change to benefit job seekers

October 15, 2009 12:10:47 PM

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Fiji nationals seeking employment in Canada stand to benefit from proposed law changes that will help eliminate ghost employers from Canada's employment market.

This follows the announcement by Canada's Federal Minister of Citizenship, Immigration and Multiculturalism Jason Kenney that the Canadian government is taking further action to strengthen the protection of temporary foreign workers.

“Temporary foreign workers play an important role in the Canadian economy. We have a duty to them, employers and all Canadians, to ensure that the program is fair and equitable,” Kenney said in a statement.

Ashwant Dwivedi, Fiji's former Business Development Manager to the High Commission in Canada, said that the proposed tougher legislation by Kenney will have a positive effect on future recruitment out of Fiji.

"The proposed legislation by Kenney will help crack down on fake Canadian employers. Those employers who were charging money for employment offers will disappear presenting Fiji nationals with opportunity to work with genuine employers in Canada," Dwivedi said.

"In the past few months workers from Fiji have made headlines in the national media telling their horror stories of employment agencies, fake job offers and thousands of dollars they have paid to companies or agents in Canada for employment.”

Dwivedi said that foreign workers in Canada have the same rights as any other employee in the workplace.

"These foreign workers are protected under the employment standards act of individual provinces, workplace health and safety, and workers' compensation legislation. It is very unfortunate that workers coming from Fiji to Canada under the foreign worker program are not aware of his/her rights," he said.

Dwivedi said that it is also illegal for employers in Canada to threaten to send temporary foreign worker home to prevent them from reporting a violation.

According to Kenney's statement one of the factors in assessing the genuineness of a job offer would be an employer’s past compliance with federal or provincial labour laws – which in some cases prohibit the charging of fees, for example.

Employers found to be in violation may be refused authorization to hire a foreign worker. Employers prohibited from hiring a temporary foreign worker for two years will be named on the Citizenship and Immigration website.

“The regulatory changes being proposed are the result of extensive consultations and address the most significant concerns identified through that process,” said Kenney.

Meanwhile, Dwivedi said that many employees from Fiji seeking opportunity in Canada are not made aware of their employments rights.

He said there are some employment catergories that requires an employer to pay the cost of airfare for the employee.

"If the agreement requires your employer to pay the costs of airfare, health care and accommodation, the employer cannot charge them back to you in the form of deductions,” he said.

“Your employer cannot charge you for the costs or fees associated with the employer’s use of an employment agency. Your employer cannot deduct these from your pay, even if they get written permission from you.”

 Dwivedi said the Fiji government will have to increase its surveillance on Canadian recruiters to protect the interest of its citizens.

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