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April 17, 2008 PROVINCE INTRODUCES PROPOSED WORKER RECRUITMENT AND PROTECTION ACT– – –Bill Would Provide Greater Protection For Foreign Workers: Allan The proposed new Worker Recruitment and Protection Act would substantially strengthen the protection of foreign workers from unscrupulous recruiters, Labour and Immigration Minister Nancy Allan announced today.
“The province has taken significant steps to protect foreign workers who come to Manitoba,” said Allan. “The government has been very successful in making Manitoba a destination of choice for new immigrants through our immigration programs, settlement services and economic stability. To continue to attract and retain new workers, we must demonstrate there are strong protections in place.”
The new legislation would replace the Employment Services Act, which currently governs the activities of third-party placement agencies in Manitoba. Foreign workers are vulnerable to exploitation from third-party recruiters and placement agencies that take advantage of their desire to start a new life and career.
The legislation proposed today would be a first in Canada by requiring all employers to first register with the province before the recruitment of foreign workers begins. The registration would ensure that employers are using a licensed recruiter and have a good history of compliance with labour legislation.
In addition to employer registration, recruiters would be licensed and be required to be members of the Canadian Society of Immigration Consultants or a law society. Recruiters would be prohibited from charging workers, directly or indirectly, any fees whatsoever for recruitment. The intent would be to ensure foreign workers are treated the same as any other worker in Manitoba so that employers bear the cost of recruitment, not workers.
Enforcement mechanisms would be improved and there would be penalties for failing to comply with the legislation. The proposed act would reduce incidents of workers arriving with no job or an illegal job and incidents of extortion and exorbitant charges. It would also protect foreign workers from changes to the promised terms and conditions of work. The province would have the authority to refuse or revoke a licence, investigate and recover monies on behalf of these workers from employers and recruiters.
“Through legislative improvements and increased monitoring, we intend to create a positive, sustainable recruitment process that will provide business with access to skilled labour and respond to issues of worker vulnerability,” said Allan. “We believe this co-ordination of services and legislation will increase overall compliance with employment standards and workplace safety and health legislation, raise the standards of professionalism and conduct among recruitment agencies, and provide a level playing field for legitimate recruitment agencies.”
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