The Canadian Department of Immigration has specified that Canadian employers must pay foreign workers, even if they still do not have their social insurance number (SIN).
Although workers still have to apply for SIN within three days of starting employment, they are not required to obtain their number to begin work but must give it to their employer within three days of receipt.
A social insurance number is a nine-digit number that allows people to work in Canada, or access government programs. It is used for identification purposes, and it is illegal for anyone to use someone else’s number. Service Canada provides a list of programs that require a SIN. They also provide a list of situations where this is not necessary as the SIN is a sensitive document. Employers need access to their employees’ SIN after hiring.
For example, Canadian employers must comply when hiring foreign employees under the International Mobility Program, they should employ foreign nationals in the same occupation, with equal pay and working conditions. The same as – but not the least favorable – “set out in offering those jobs.
Employer Compliance and Inspection
In terms of wages, employers should pay foreign workers not less than those mentioned in the offer of employment. Any reduction in the salary of an employee should be stated in the proposal. An increase in salary may indicate a change in duties, which may mean that the employee is now working in a different occupation than what is stated in the offer. Occasionally an increase in wages also results in employer non-compliance if the increase affects the ability of a foreign worker to qualify for the Labor Market Impact Assessment exemption.
While there are mandatory quarantine requirements, all newcomers to Canada must self-segregate for 14 days. Employers will still have to pay their employees the salaries paid on the offer of employment during this time.
Employers may be subject to oversight by immigration, refugee, and citizens working on behalf of Canada.
The inspections ensure that employers of foreign national workers are performing their responsibilities, ensuring that workers are not mistreated.
There are three circumstances where an employer may be selected for inspection:
There is reason to suspect non-compliance;
Employers are non-compliant in the past; or
The employer is randomly selected.
An employer who submits an offer of employment to the IRCC to hire a temporary employee will be responsible for meeting the conditions of the program. They can be selected for inspection at any time, up to six years after the hiring of a temporary employee on the first day and the issuance of their work permit.
Employers who had an authorized representative submit employment proposals on their behalf, yet are responsible for compliance with all inspection activities and requests.