As an employer of foreign workers, you are likely to be faced with an inspection by the authorities to verify that the salary conditions offered are the same as those declared when applying for the permit. What are the best practices to adopt in these cases?
A frequent source of consultation with a lawyer on temporary immigration by employers is the receipt of a letter from Service Canada (LMIA) or Immigration or from Refugees and Citizenship Canada (exempt from a LMIA), notifying the employer that they will be subject to a compliance review for one of their foreign workers.
The receipt of this type of letter should not generate any particular fear. Indeed, at this stage, the authorities do not necessarily suspect fraud. Many checks are carried out as part of a random verification of compliance, as provided for in section 209.5 of the Immigration and Refugee Protection Regulations.
The first recommendation is to ensure that the requested deadline is met. If you find the time limit too short, we suggest that you contact the authorities and explain why you need more time.
What are the authorities looking for?
The primary purpose of a compliance review is to ensure that the employer offers the foreign worker the conditions they declared to the authorities when hiring. They are not looking to trap or trick you. Type of information typically requested:
- Proof of payment of the declared hourly wage;
- Respect for social benefits (insurance, pension fund, holidays, etc.) set out in the work permit application;
- Work assignments assigned to the foreign worker (must be in accordance with the statement submitted in support of the LMIA application or work permit);
- Evidence that the business has been and remains an active business.
To this effect, the following documents are most often required:
- Copies of pay stubs;
- Proof that the worker was able to take their vacation;
- Copy of the worker's insurance coverage (if applicable);
- Proof of payment of any performance-based compensation (i.e. bonus)
Marc-André RANGER, Head Paralegal and Partner