THE EMPLOYMENT CONTRACT:
Employers are NOT required to submit the Employment Contract applicable to each country with each LMIA application submitted. Employers ARE REQUIRED to maintain a copy signed by both you the employer, and each seasonal temporary foreign worker in their employ. Employers may be asked to provide this information in the event of an integrity inspection.
If a work permit application is already in process for a worker, the name change will NOT be permitted. Arrival date must be 6 weeks ahead from the date the change is requested. Employers may request the named worker on a subsequent travel date if a date is open and not filled with a worker who has a work visa. A future LMIA can also be an option to name a particular worker provided housing is available.
Under provincial law every worker you employ is entitled to receive a Record of Employment at the end of their term of employment.
Under federal law every worker you employ is required to receive a T4 slip confirming their employment income. In the case of Caribbean workers the T4 is to be mailed to the applicable source country. In the case of Mexico it is the worker’s responsibility to advise the employer of who will be preparing the tax filing in order to mail the T4 slip to that source.
CARIBBEAN & MEXICO – EARLY CESSATION OF EMPLOYMENT
Following the completion of trial period and consultation with Government Agent to prematurely cease the Worker’s employment, the Employer must notify the worker a minimum of seven (7) days prior to dismissal except if dismissal is with cause.
The Record of Employment (ROE) is to be delivered directly to the worker or mailed to the worker’s home address, if none of these are possible, please keep them for six (6) years in case they are requested by government authorities or by the worker. The Consulate of Mexico do not receive or deliver ROE. The T4 slip is to be mailed to the worker’s tax representative and, if the worker does not confirm a representative, the
T4 is to be delivered to the worker or to be mailed directly to the worker’s home address. The Consulates of Mexico do not receive or deliver T4 slips.
The Ministry of Labour in Mexico has advised that SAWP employers may not name a worker who is not already registered on SAWP.
URGENT MESSAGE – EMPLOYERS ARE CAUTIONED TO RESTRICT CHANGES TO THEIR LMIA LABOUR PLANS, TO ENSURE WORKERS ARRIVE.