Labor Law

• Salaries: The law stipulates that salaries should be calculated on an hourly basis. Currently, the minimum hourly wage in B.C Province is $ 11.35 and is paid semi-annually. It is the employer’s responsibility to register and keep records of employees, including working hours, salary, income tax deducted each time, pensions, unemployment insurance, etc. These records are given to each employee at each paycheck. Even if an employee is suspended, employers still have to keep their work record for seven years for government audit.
• Working Hours: The law requires employees to work no more than 8 hours daily and no more than 40 hours weekly. Overtime work must pay half the hourly rate. If you work more than 11 hours a day, or 48 hours a week, or work on a public holiday, you pay double your hourly rate. Employers who require employees to work should pay at least 4 hours a day even if they work less than 4 hours. If working 5 hours in a row, employees should have at least half an hour unpaid break.
• Holidays: The law provides for 9 days of public holidays each year (10 days for BC public holidays). Employees do not need to go to work during the holidays pay the salary. Employees receive two weeks of paid leave each year after one year of work and three weeks of paid leave for employees who work for five years. In addition, pregnant female employees receive 50 days leave without pay for maternity leave and may apply to the government for maternity leave benefits during the holidays. Employers should not dismiss pregnant female employees as a result.
• Termination of labor relations Compensation: The Labor Law also stipulates that employers should pay reasonable severance pay when they lay off employees for no apparent reason. 3 months to less than 1 year working experience should pay 1 week salary, 1 year to less than 3 years of age, pay 2 weeks salary, 3 years working experience should pay 3 weeks salary. And so on, each year plus one week of seniority, severance pay up to 8 weeks salary.

Canadian Federal Government Temporary Foreign Workforce Program: The Temporary Foreign Workforce Program is led by the federal government and is Canada’s foremost policy measure in introducing foreign workers. The provinces cooperate with the federal government to implement the “foreign temporary labor scheme” without any separate plan for the introduction of foreign labor.

• The content and main provisions of the Temporary Foreign Workforce Plan: The Temporary Foreign Workforce Plan stipulates that employers may legally employ qualified foreign workers from any country. The work permits for the Temporary Foreign Workers Scheme are divided into work permit visas and work visa entitlements. The work permit application process is divided into three main steps.
  • After deciding to hire temporary foreign workers, the employer first submits a Labor Market Assessment (LMO) to the federal Ministry of Human Resources and Social Development which includes information about the job, whether it is available on the National Human Capital Bank’s website or mainstream labor services Job advertisements and results published in the recruitment media for not less than 30 days, opinions of trade unions on the employment of foreign workers in this post, benefits brought by the employment of foreign workers on the Canadian economy, employers’ training programs on the replacement of foreign workers, proposed employment Other relevant information about foreign workers.
  • The federal Ministry of Human Resources and Social Development evaluates LMOs, including: the labor force status of employed and employed workers in foreign countries; the impact of foreign workers on job creation; and whether the employer has a sound plan to train local personnel; foreign workers Whether the work and remuneration package of the same level of local staff are the same, whether the qualifications of foreign workers can meet the requirements of the federal or provincial conditions such as the skills and licenses of the post, the opinions of the trade unions, and so on.
  • If the Labor Market Assessment is approved by the Federal Ministry of Human Resources and Social Development, the employer will issue a clearance letter of approval. The employer informs the foreign worker to apply for a work permit at the Canadian Embassy in his / her country. The information carried by the applicants includes: “Labor Market Assessment” notice, employer letter of employment, passport, resume, training certificate, certificate of eligibility, criminal record, etc., and application fee of $ 150. Through the applicant to issue a valid one-year work permit visas. Can be extended after the expiration, the longest can be extended to two years. The applicant can also apply for immigration after the expiration of the work visa.
• Implementation of the Temporary Foreign Workers Program: The federal government has a joint system with all provinces and regions. In some provinces with more foreign workers, such as Alberta and British Columbia, a Temporary Foreign Workers Office is also established. Specific business work. Ninety per cent of foreign labor jobs are administered by provinces / regions and ensure that employment and labor standards are in line with provincial government regulations and the federal government holds the remaining 10%. In July 2008, the federal government took the lead with the Alberta provincial government signed a memorandum of understanding on temporary foreign workers, on the sharing of foreign labor information resources, labor protection and working conditions, and so agreed. The federal and provincial governments all emphasize that the remuneration, benefits and conditions of any foreign worker who is introduced should not be lower than that of local workers. If the government discovers that the employer exploits the labor force, the employer will be disqualified from employing foreign workers.

• Administrations: Human Resources and Skills Development Canada (HRSDC), www.hrsdc.gc.ca) is the government department in charge of job applications. Under Canada’s Immigration and Refugee Protection Act, non-Canadian nationals can hold a specific job for a certain period of time with a work permit. However, the basic principle is that job vacancies in Canada should be complemented by Canadians as much as possible and foreigners should only be considered for employment if the job is not supplemented by a Canadian who meets the requirements. If you need to work in Canada, you must apply for a work permit. First, applicants must get hiring letters from Canadian employers. Upon receipt of the employment letter, the HRSDC will usually provide a labor market assessment or simply confirm the legitimacy of the letter of employment held by the applicant and determine if the employment is beneficial to the Canadian labor market. For example, if there is a shortage of computer programmers in the market and the applicant does have this skill, then the applicant is likely to obtain a work permit. Foreign nationals wishing to work in Canada must hold a work permit issued by the Canadian government that permits foreign citizens to work for a maximum of three years in Canada. Work permits are limited to specific job titles and at specific times and must be obtained prior to entering Canada.
• Work Permit System: After a candidate arrives in Canada, he or she must work in accordance with the provisions of the work permit. If the work is lost or replaced by another work for any reason, the applicant must re-apply for a work permit from the immigration authorities and provide the immigrant The Board presents a report on all activities. A client may be barred from working in Canada within one year if he or she does not comply with the job visa issued by the immigration office. After obtaining a temporary work permit after the expiration of three years, you can apply for permanent residency. During the temporary work stay, you can purchase medical insurance, you can also enjoy unemployment insurance. Foreign companies or joint ventures established in Canada usually have to send their own staff to participate in all or part of the operation and management of the work. The Immigration Canada Act and other relevant laws have strict rules on this. Only those who meet the requirements and obtain a work permit In order to go to Canada to engage in various business activities of the company. The work permit visa is usually valid for one year and in some cases, the immigration office may issue a work permit for more than one year up to three years. Before the expiration of the visa, you can apply for an extension directly to the immigration office in Canada. Work permit visas are generally allowed to be renewed twice a year for 1 year. If the job requires the person to remain in office, he must go abroad to go through the formalities again. Foreign nationals holding senior management positions are more likely to obtain a work permit. Applicants should hold at least one year’s senior executive and manager positions in the head office or related enterprises. For some special jobs, the Canadian government also permits the issue of work permits. The advantage of applying for admission into Canada as an international company officer is that it avoids career employment approval procedures at the Canadian Career Center. The downside is that most visa applications do not allow residence longer than three years.
• Application Process: A work permit must be obtained prior to entering Canada. The basic procedure for obtaining a work permit is: The company submits an application, which is issued by the Canadian Embassy after being examined and approved by the Immigration Canada. Once an employer decides to recruit an employee, it should first publish a job advertisement in a Canadian newspaper for at least three consecutive weeks, and employers may apply to hire a foreign worker if no Canadian candidate arrives or the job does not meet the requirements. To find a suitable candidate, Canadian employers must apply to HRSDC to provide all the details about the foreign employee, including name, date of birth, address, job responsibilities, working conditions, salary standards, employee qualification required. If the HRSDC does not consider it necessary to hire a foreign worker, or if it believes that finding a qualified worker in Canada can not, the employer will not approve the alien’s employment unless the employer provides more convincing documentation or information. If the HRSDC considers it necessary to hire a foreign worker, a Confirmation of the Offer of Employment will be issued upon review and confirmation of the following issues and the information will be entered into the database:
  • Wages and working conditions are consistent with such work;
  • Canadians are unwilling or unable to do the job;
  • Foreigners working in this position will not be detrimental to Canada’s economy and labor market.

  The employer will provide the employee with a copy of the HRSDC Confirmation and a detailed employment permit for submission to the immigration officer for a work permit. After the employee arrives in Canada, the employer is responsible for arranging the employee’s medical insurance and so on. Due to the business needs of certain companies, visa-entry may also be granted on a first-come, first-served basis, particularly if the company has been formally registered in Canada and is urgently required to send people to work. However, work permits must be obtained outside of Canada, such as the United States, as soon as possible Visa, otherwise, visit visa expired, must leave.

• Information to provide: The Canadian Work Permit Application List includes at least one blank page of original passport or travel document that is valid for at least one month after the applicant plans to leave Canada; four in the last six months (Color or black-and-white) within the passport size and clearly indicate the applicant’s name and date of birth (DD / MM / YYYY) behind each photo; the correct application processing fees; two copies in Chinese A sticky sticker with the applicant’s name, address and postal code; two copies of the applicant’s signature (original signature), a dated “Work Permit Application” form (English / French); one copy of the applicant’s signature (original signature) and note (Chinese and English / French); two photocopies of Labor Market Views (LMO) confirmations from Human Resources Canada including the file number (if applicable); Quebec immigrants and ethnic origin Quebec Certificate of Entitlement to Study (CAQ) issued by the MICC, as applicable; two signed by both the applicant and the Canadian employer A copy of the contract particulars, or a copy of the original appointment letter containing job responsibilities and terms of employment; a completed proxy information form (if applicable); a copy of the employment agreement issued by the current Chinese employer including the applicant’s name, title, Original proof of on-the-job proof of current salary and leave, etc. The name, address, telephone number and fax number (if applicable) of the employer must be stated in Chinese. All original and professional certificates (eg occupational qualification Certificate); a notarized copy of the applicant’s criminal record.