BEFORE YOU TRANSFER A WORKER:
• If you are the sending employer please call F.A.R.M.S. to confirm the Transfer / Double Transfer was approved and obtain the Valid LMIA number for the employer receiving the transfer.
• If you are the sending employer please understand there is a seven (7) day trial period for a transferred worker and within that period of time the worker could potentially return to you.
• If you are the sending employer please provide the receiving employer with the necessary payroll information. A copy of the TD1, year-to-date earnings, total allowable transportation deductions taken. Generally speaking, if the worker is transferring after 20 weeks (120 days) of employment the full amount of the allowable transportation will have already been taken.
• Please be aware that any movement of workers from one employer to another, without, the proper documentation and approval will place both employers in non-compliance of the terms and conditions of the Employment Agreement.
• If you are the receiving employer, a NEW Employment Agreement must be signed by the employer, worker, and the TFW government agent. Please contact your respective liaison/consulate office to obtain the government agent signature.
• Sending Employer make sure you have, in duplicate, completed and signed the SAWP Worker Transfer Confirmation form (as seen below) in anticipation of the actual transfer date. On the day of transfer obtain the signature from the employer receiving the transfers, you keep one copy of the confirmation form and the other is left with the employer receiving the worker.
• You can proceed when all of the above points are fulfilled.
A worker who has completed the work period for the original (first) employer, but, who has not been in Canada for a maximum of eight months and wishes to transfer to a second place of employment upon approval. The worker will return home from the second employer who will be responsible for the southbound airfare. Transfers also occur in unique situations where after a short employment period with the first employer the worker agrees to be transferred to a second employer.
A worker who transfers from the original employer to a second employer and transfers back to the original employer is a double transfer. The work period is completed and the worker returns home from the original employer who will be responsible for the southbound airfare. Employers are asked to honor their commitment to each other. No administration fee applies to a double transferred worker.
TO BE COMPLETED BY BOTH THE SENDING EMPLOYER AND THE EMPLOYER RECEIVING THE TRANSFERRED WORKERS – obtain a copy here under our FORMS section.
Canada Revenue Agency notes: it is the responsibility of the first employer to ensure a copy of the original federal and provincial TD1 and the worker’s payroll records to date ARE PROVIDED TO THE EMPLOYER RECEIVING THE TRANSFER to ensure the proper continuance of federal deductions are taken.
WHAT NEXT:
• The employer receiving the workers on transfer MUST, and no later than ten (10) days of employment, provide F.A.R.M.S. with a copy of the SAWP Worker Transfer Confirmation form. It must contain the signature of both employers. If the transferred workers are from one of the four Caribbean countries the applicable Liaison office is also to be provided with a copy from the receiving employer. Mexico does not require a copy for Mexican transfers.
Employers may continue to deduct the $2.68 per day utility cost provided four hours of work is completed. All other recoverable costs cannot be deducted without receiving confirmation from the sending employer on the amounts already deducted.