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.
In 2019 the Consulate General of Mexico in Toronto announced that they will no longer be sending employers paper SAWP applications via Canada Post. Instead, employers will receive an email or fax, a list of workers who arrived on a certain date to that farm who will need to be taken to Service Ontario to get their picture for the first time or for a photo renewal. Attached with the SAWP OHIP form will be instructions to follow. For workers who have a valid OHIP photo, the Consulate will continue to send the request directly to Service Ontario.
Employers are required to take workers who need a five year renewal picture and those who need a first time photo to the local Service Ontario office as soon as possible after arriving.
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.
Do not release workers on transfer without checking with F.A.R.M.S. that an approved LMIA is open to receive the workers. Both Employers are considered non-compliant without the approved LMIA in place. The SAWP Worker Transfer Form is mandatory.