A substantial portion of my practice is assisting employers with foreign workers. Generally speaking, unless the foreign worker is a US or Mexican professional (in which case NAFTA may apply), the employer needs to obtain a Labour Market Opinion (LMO) to employ an individual who is not a Canadian citizen or permanent resident. The employer needs to apply for a LMO with Service Canada. The employer needs to show efforts at recruiting Canadian citizens or permanent residents; this is done by way of proof of advertisement. The employer needs to include a copy of an employment contract indicating appropriate wages (Service Canada will not issue a LMO if they feel the employment would result in downward pressure on wages for Canadians). Once the LMO is issued, the foreign national can apply for a work permit.

Comments

[Natalie]

The employment contract is a prerequisite to obtaining an LMO and work permit, but what happens when the worker arrives in Canada and the employment contract is altered by the employer? For example, what if the employer stated in the contract that pay would be based on 40 hours per week, but the worker is only getting 30 hours per week? Is this simply governed by employment law principles, or is there immigration law that applies as well? I am assuming that a change in function (ex: from receptionist to housekeeper) is not a fundamental breach going to the root of the contract.