Common menu bar

Breadcrumb

Part II - Labour Market Opinion Analysis

12. Working Conditions

According to the TFWP, acceptable working conditions are:

Generally full-time offers of employment.
Offers of employment that comply with applicable labour and employment standards.

Full-time employment is defined as:

30 or more hours of work per week, or the equivalent position, taking into consideration the standards for the occupation established by the provincial or territorial government.

12.1 Employment and Labour Standards

Labour and employment standards cover the maximum hours of work, overtime pay requirements, sick and vacation leave, and health and safety. Ninety per cent (90%) of workers in Canada, including foreign workers, are regulated by the standards established by the province or territory where they work. The other 10 percent of workers are federally regulated under the Canada Labour Code. Provincial labour and employment standards vary from province to province.

For information on which sectors of employment are covered by provincial, territorial or federal labour legislation, or labour and employment standards:

Visit the HRSDC Labour Standards Website.
Consult with the provincial or territorial ministry responsible for labour and employment standards listed in Appendix A.

The minimum standards set by the provincial, territorial or federal governments prevail even if the employer and worker have reached other agreements on less advantageous working conditions.

12.2 Evaluating Working Conditions

When evaluating working conditions for the purpose of developing a labour market opinion, TFWP officers’ primary consideration is wages (see section 11). However, information with regard to working conditions can be helpful if there is doubt about whether to approve an application or not. In some cases (mainly in high-skilled positions), employee benefits (i.e. private pension or health plans) may compensate for wages that are slightly below the average range.

If the information provided by an employer clearly indicates that the working conditions will not meet accepted standards (e.g., excessive hours of work, no overtime pay when warranted, a clear indication that no paid vacation or vacation pay will be provided when it is required, etc.), the employer should be contacted and informed that the labour market opinion application cannot be approved. They should be given the opportunity to modify their application accordingly.

In the case of NOC C and D positions, employers must fill out all of the working conditions information on the employment contract so that both the employee and the employer are fully apprised of their rights and obligations. For more information, visit the www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lowskill.shtml.

12.3 Part-Time Work

Part-time job offers do not generally receive a positive labour market opinion because temporary foreign workers must support themselves financially while working in Canada. However, a collective agreement, industry or association that oversees an occupation may define full-time as being less than 30 hours per week. In these cases, the occupational standards prevail.

Some occupations are traditionally known to have working hours that vary from one week to the next. For example, a nurse may have a variable work week based on a 10-day shift rotation with six days on (for 12-hour shifts), followed by four days off. In these situations, offer of employment should be considered full-time as long as the average number of work hours per week is at least 30 (over a calculated and limited number of weeks).

There are limited exceptions to the full-time requirement:

The worker would reside outside Canada but work in Canada part-time. (In this case, the ability of the foreign worker to self-support is not an issue).
A request from two (or possibly more) employers for the same worker to fill part-time positions. The request must be coordinated by the employers and total hours must be full-time.

When assessing a labour market opinion application for part-time work, TFWP officers consider whether;

The job being offered is high skilled or falls under NOC skills C or D.
The temporary foreign worker is being offered a minimum of 30 hours per week or the work is considered full-time based on the standards for the occupation.
The worker will be able to support himself/herself while carrying out part-time work in Canada (especially workers in NOC skill levels C and D).

Previous | Table of Contents | Next