Temporary Foreign Worker Program Inspection Requirements and Employer Responsibilities

Temporary Foreign Worker Program Inspection Requirements and Employer Responsibilities

  Employer, did you receive  Email?????  re:   ‘ Responsabilité des employeurs et les conditions applicables aux inspections sous le Programme des travailleurs étrangers temporaires. / Temporary Foreign Worker Program Inspection Requirements and Employer Responsibilities’ 

 

it appears that  EVERY employer, who has received an LMIA & hired a caregiver under the In Home Caregiver Program  is receiving an email that outlines requirements of the Program and your responsibilities for compliance including expectations of employers if ever chosen for an onsite visit to the place where caregiver works

 

These rules are in effect the past 3+ years since the start of the LMIA /   In Home Caregiver Program (PATHWAYS)  

* you can look at your LMIA Application & Approval letter to see reference to enforcement

* to our knowledge it is only since August 2017 that we have ever heard of any employer being notified of an audit   All of our employers have passed the Audit (but most had to enroll in WSIB as this had not been done previously)

* it seems the enforcement team was implemented in past year

* this current email SEEMS intended to normalize the practise of random audits  so that employers are not so shocked if ever selected & thus make process smoother for all involved

* Random audits means only small % of employers will be contacted each year

* in past year we know of 5 employers who received SOFT AUDIT (5 of some 300 we have worked with in past few years)

* these were ‘SOFT AUDITS’ employers received a call and email asking them to provide copy of the original lmia approval & reply to statements confirming they are complying with payroll, wsib and if they provide a room to confirm the room is as represented  Replies are sent back to Service Canada and that’s the end of it.

* HOWEVER upon the next time you apply for new LMIA / caregiver, its conceivable they might ask you to provide items such as copy of WSIB / CRA remittances  ect   such requests should be very easy to comply providing you have basic records

 

Thus far no employer we know was asked for a home (site) visit … but since it is possible.. the things to ensure would be a key lock on door knob of bedroom door & dead bolt on inside  (or be prepared to install these IF EVER asked for a visit – cost could be $30 at hardware store)  

* Employers are responsible to keep employment and lmia application & payroll related info for 7 years (this is also CRA requirement)

 

Employers (if ever) contacted for a ‘soft audit’

  • employer is contacted by phone and email and asked to participate
  • the email letter request copies of basic documents and asks employer to make statements re the practices (to assure government you are complying with LMIA approval)

 

Nanny Eldercare Agency wants to encourage Employers to be in compliance with:

NOTE  Elder care ‘minimum wage’ is $15.72 (in Toronto higher in most other areas)

 

Other items might include:  EXAMPLE if employer has changed the contract, example you were approved @ 40 hours per week, and you have renegotiated w caregiver to have 37.5 or 35 or 30 hours/week on contract     then the contract should have all changes initialed & submitted to Service Canada so it can be included in your employer record     This should be done for any significant difference from what you were approved

SUGGEST employer will review LMIA Approval Letter you received at time of hiring and reflect if there has been any significant change

 

Nanny Eldercare Agency will assist you if you want payroll calculations or other information to support you as employer  

 Example: if you want current payroll   email with Subject  Payroll Calculation    and inform us

__ Hour Per Week on payroll     &

Frequency of pay  Weekly / Every Two Weeks or Twice each Month