Canada is known to welcome more than twenty thousand workers in its lands every year. To maintain the rights of the workers, and the government rules following intact, employers have to seek a positive LMO, before hiring a foreign worker and allowing him to work in Canada As a procedural compliance of procuring an LMO, employers shall have to demonstrate that as a matter of fact, they are unable to find a Canadian citizen or a permanent citizen to fulfill the position for which a foreign labor is being considered.
Recently, the Canadian government has announced that in certain circumstances, a foreign worker may be paid up to 15% less than the local median income in a position. This has also been done to ensure the rights of the inherent workers of Canada.
For securing an LMO, different procedures have been laid in place according to the high, semi or low skilled worker groups. Canada immigration consultants can help employers with this.
Defining an LMO
This document shall be issued by the Human Resources and Skills Development Canada (HRSDC), which is basically established to supervise the country’s temporary foreign worker program. Issue of a positive LMO from this authority shall be documentary evidence that the hiring of the said foreign worker shall not have any adverse impact or it shall have no impact on the local Canadian labor market. Every change in the employer shall require a new LMO approval. It is a mandatory document for a foreign worker to work in any province of Canada unless it is exempted under various scenarios like international agreements like NAFTA, intracompany transferees, Entrepreneurs or self-employed workers and workers who fall under international exchange agreements (example: International experience Canada).
Other insights about LMO
A number of factors need to be kept in mind before one applies for an LMO. Some of the factors considered while granting an LMO by officers are mentioned below:
- The occupation that the foreign worker wishes to get employed in
- The conditions around work and the remuneration offered by the employer
- The efforts of the employer in connection with the recruitment process, advertisement.
- The impact of the hiring of foreign worker: on the Canadian labor market.
- Consultations if any made with the appropriate Canadian unions.
- Whether there is any effect on the settlement of a labor dispute, with the entry of the foreign worker in Canada.
Also, the expedition of an LMO should be kept in mind as there are cases where the application can be expedited. An advertising component might not be required for every application. Particularly, in the Province of Quebec, certain targeted occupations are exempted from a requirement to advertise.
To maintain transparency and fairness in the work environment for international workers in Canada, HRSDC has even launched a new program recently, which is called the Accelerated Labour Market Opinion. Through this program, processing of LMOs shall be faster and eligible employers shall get the positive document within 10 business days of submission.
To maintain transparency and fairness in the work environment for international workers in Canada, HRSDC has even launched a new program recently, which is called the Accelerated Labour Market Opinion. Through this program, processing of LMOs shall be faster and eligible employers shall get the positive document within 10 business days of submission.
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