When an employer brings a foreign worker to Canada, the employer is required to commit to certain requirements as part of the process. The commitments include confirmations that the employer will pay the employee what is being promised, that working conditions will be appropriate, and that the employer will comply with legal requirements that would impact the workplace, and by extension, the foreign worker.
In light of the COVID-19 situation, the government has issued additional guidelines for employers of foreign workers.
The full guidelines can be found at:
Employers should ensure that they consider all the elements there, in order to remain compliant. Non-compliance can have serious consequences.
Some highlights of the guidelines include:
- Newly-arriving foreign workers must self-isolate for 14 days before being allowed to visit a place of business.
- The foreign worker’s period of employment begins on arrival, and includes the period of self-isolation. As such, employers must comply with all applicable requirements vis-à-vis the employee (salary, etc.) from time of arrival, not conclusion of self-isolation.
- In the event that any foreign worker in self-isolation shows symptoms of COVID-19, the employer must arrange for the complete isolation of that person from others, and contact local health officials.
- Violations of the self-isolation are to be reported to local law enforcement.
- Employers are expected to follow all public health requirements/guidance as announced by the federal or a provincial government.
Yet again, employers should make themselves aware of the full set of requirements as set out at the web site linked above. It is the employer’s responsibility to comply with all COVID-related requirements, in addition to otherwise applicable requirements that employers have toward foreign workers.
We will continue to provide COVID-related immigration news as it evolves, along with any other pertinent information that impacts employers of foreign workers, and the foreign workers themselves.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.