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Knowing the requirements for hiring temporary foreign workers
There are certain requirements for hiring a temporary foreign worker. Make
sure you meet them before starting the procedure.
Requirements related to the temporary worker
Requirements related to the employer
Requirements related to the temporary
worker
To be authorized to work in Québec as a temporary worker, a person
must:
- have an offer of employment from an employer approved by Human Resources
and Social Development Canada
(HRSDC) and the Ministère de l'Immigration
et des Communautés culturelles (MICC)
- agree to hold the position for the period stipulated
- have the skills required to hold the position
- if required, have certification or a license to practise a profession
from the appropriate regulatory body. When employment is temporary in nature,
some professional orders or associations issue a temporary or restrictive
permit that sets out the duration and specifics for the practise of the profession.
Employment under international agreements: Under
international agreements, young workers under the age of 30 from certain
countries, particularly France and Belgium, can take advantage of exchange
programs that enable them to hold a position in Québec. Contact
government institutions and organizations in your country to find out about
such international agreements.
Useful links
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Requirements related to the employer
To be authorized to hire a foreign worker by Human Resources
and Social Development Canada
(HRSDC) and the Ministère de l'Immigration et des Communautés
culturelles (MICC), employers must:
- be able to prove that they made or accepted to make reasonable efforts
to hire or train local residents to fill the position.. To demonstrate such
reasonable efforts, they must, therefore, have used the usual recruitment
channels (i.e., the print and electronic media, etc.). In some cases, when
local labour shortages have already been established by both governments,
employers are not required to provide proofs to that effect
- offer the foreign worker competitive and equivalent working conditions
to those offered for a similar position in the same sector. More specifically,
the employer must provide a job description that corresponds to the position
offered, and reflects the job requirements (schooling, years of experience,
membership in a professional order or association, if applicable) and the
working conditions of employees who already hold positions in this field
- offer a job that respects legal and regulatory obligations - absence of
labour disputes, written agreement by the union, if applicable, a valid license
to practise, if required, etc.
Other factors will also be considered in evaluating the offer of employment
especially when the hiring a foreign worker is likely to:
- create or maintain jobs for Canadian citizens or permanent residents
- develop or transfer skills or knowledge for the benefit of Canadian citizens
or permanent residents
- curtail a labour shortage in the profession or trade in question.
IMPORTANT : Employers
are not obligated to have the temporary offer of employment validated by
the HRSDC and the MICC if the worker they wish to hire is exempt from
obtaining a Certificat d’acceptation du Québec (CAQ - Québec
Acceptance Certificate) in order to hold the offered temporary position
in Québec.
Hiring a low-skilled worker
If employers wish to hire a low-skilled worker (Skill Level C or D under the
National Occupational Classification), in a sector other than the agricultural
sector, they must:
- be able to prove that they made or accepted to make reasonable efforts
to hire or train the local labour force to fill the job. To demonstrate such
reasonable efforts, they must, therefore, have used the usual recruitment
channels (i.e., the print and electronic media, etc.)
- cover all recruitment costs related to the hiring of the foreign worker
- pay in full the foreign worker’s roundtrip airfare
- sign an employer-employee
contract (PDF, 83 Kb) outlining wages and duties, among other things
- help the worker find suitable, affordable housing
- provide medical coverage until the worker is eligible for provincial health
insurance coverage by the Régie de l’assurance maladie du Québec
- register the worker with the Commission de la santé et de la sécurité du
travail.
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