The employer's obligations to temporary foreign workers

The employer's obligations to temporary foreign workers

Temporary foreign workers have the same rights and obligations regarding work This hyperlink will open in a new window. as all Québec workers.

Employers also have the same rights and obligations to foreign workers as to the other members of their personnel This hyperlink will open in a new window..

A company that wishes to hire a temporary foreign worker must honour these obligations in particular:

Contract of employment

The employer must complete and sign a contract of employment with the worker and send it to the worker.

Obtain the necessary authorizations

The employer must obtain the authorizations to hire a temporary foreign worker, as the case may be. For example, the employer will have to obtain a Labour Market Impact Assessment under the Temporary Foreign Worker Program.

Ensure the worker obtains the necessary authorizations

The employer must ensure the worker holds a Québec Acceptance Certificate (CAQ) and a work permit authorizing the worker to work for them, as the case may be:

Declare the hiring

The employer must declare the hiring of temporary foreign workers  to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).

Honour their obligations to temporary foreign workers

The employer must honour their obligations relating to: 

  • the work specified in the offer of employment and reflected in the decision regarding the Labour Market Impact Assessment (LMIA)
  • payment of the wages declared in the different documents required for the application
  • the number of hours of work
  • the tasks identified in the LMIA and
  • the specific obligations related to the stream of the Temporary Foreign Worker Program

Compliance with the legislation

The employer must comply with the provincial, territorial or federal legislation in matters of employment.

Help the worker obtain the right documents

The employer must help the temporary foreign worker obtain the right identity documents and other documents. For example, the worker must obtain a social insurance number and medical documents. 

Declare any change in working conditions

The employer must declare any change in working conditions to the Gouvernement du Québec and the Government of Canada. The employer will also have to verify if a new LMIA is necessary.

Last update: March 16, 2022

Comments

Was the information on this page useful to you?

You have questions or require additional information?

Please contact Services Québec