temporary foreign worker advisory office overview

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Presentation by Minerva Argenal-Roman to BRAED Fall Forum

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  • 1. Temporary Foreign Worker Advisory Office Overview Human Services Temporary Foreign Worker Advisory Office 1

2. Overview:Temporary Foreign Worker AdvisoryOffice The Government of Alberta opened the TemporaryForeign Worker Advisory Office and TemporaryForeign Worker Helpline in December 2007 The Advisory Offices are the first of their kind inCanada There are two Advisory Offices in Alberta; one inCalgary and one in Edmonton Advisory Offices were established to ensure TFWs areaware of their Rights and Responsibilities Human Services Temporary Foreign Worker Advisory Office 2 2 3. TFW Program at a GlanceStep 1. Employer submits a Labour Step 2. Service Canada reviews Market Opinion (LMO) LMO and provides a positive response to Service Canadajustifying hiring Temporary Workers Step 4. Step 3.Temporary Foreign Workers Employer can now complete a LMOcan now apply for a Work Permitcontract for a TFW stating to work for LMO employer onlyhours of work, wages, etcNote: The TFWAO does NOT have a current LMO Employer list Human Services Temporary Foreign Worker Advisory Office33 4. Who Are OurClients? Temporary Foreign Workers Employers of TFWs Recruitment Agencies/Brokers Immigrant Serving Agencies Federal, Provincial and MunicipalPartners Concerned citizens Human Services Temporary Foreign Worker Advisory Office 4 4 5. Who We Are & What We Do The TFWAO has a Director, seven advisors and twointake officers and a business manager Our knowledgeable individuals have previous workingexperience as Career & Employment Consultants,Immigration Consultants, Labour Attraction ImmigrationSpecialists, Settlement Services and CIC officers With our extensive background, we are able to respond toinquiries, provide information about a wide range of topicsand to deliver servicesHuman ServicesTemporary Foreign Worker Advisory Office 55 6. First Contact Intake Officer Intake Officers (IO) are the first point of contact at the TFWAO.Whether it is an email, a phone call, a third party referral or awalk-in client Our intake officers do a Service Needs Determination todetermine the service required by the client If the IO identifies that the TFW requires level 2 service, the IOthen assigns the client to the appropriate advisorHuman ServicesTemporary Foreign Worker Advisory Office 6 6 7. How We Do BusinessAdvisors have rotational responsibilities: We have a Booked Appointment (BA) advisor whose soleresponsibility is to see clients for the month We have a Booked Appointment 2 (BA2) advisor who is responsiblefor Action Requests, Briefing Notes or walk-in clients in addition tocovering for absences (i.e.: training, vacation or any kind of leave) The Outreach Coordinator (ORC) is responsible for coordinatingpresentations in rural and urban areas, delivering presentations,seeing clients in rural areas as well as hospitals and reaching out todifferent communities to offer services. These can be churches,mosques, ethnic communities, etc The TFWAO has no enforcement authority; however, we workclosely with agencies that do Note: The majority of our enforcement referrals are to Employment Standards Human Services Temporary Foreign Worker Advisory Office7 7 8. 8 9. Federal & Provincial PartnersPROVINCIALFEDERAL PARTNERS PARTNERS Employment Standards HRSDC Service Canada Service Alberta CIC Immigration Workplace Health & Safety CBSA Canada Border Workers Compensation BoardServices Agency Human Rights Commission Apprenticeship Immigrate to AlbertaInformation Services Human Services Temporary Foreign Worker Advisory Office9 9 10. ES Referrals for Enforcement Employment Standards is responsible for enforcingEmployment Standards Code and Employment StandardsRegulations in the workplace for employees and employers TFWs have the same rights and responsibilities as otherAlbertans If the client is afraid to pursue the complaint, the advisorpursues a third party complaint after assessing the impact ofthis action on the client Referrals for investigations often result in multiple complaints Human Services Temporary Foreign Worker Advisory Office 10 10 11. SA Referral for Enforcement Service Alberta is responsible for enforcing AlbertasFair Trading Act and the Residential Tenancy Act Under the Alberta Fair Trading Act, any businessacting as an employment agency must have aprovincial employment agency business license An employment agent/agency cannot charge aworker a fee to find them employmentHuman ServicesTemporary Foreign Worker Advisory Office 1111 12. WHS Referral for Enforcement Workplace Health and Safety (WHS) is responsible forenforcing the Occupational Health and Safety (OHS) Act,Regulations and Code to protect and promote the health andsafety of workers When an advisor identifies a possible violation of WHS code,the WHS 24 hr hotline is contacted with the client in order to getinformation and direction on the situation Based on the information provided, WHS determines whetherthe situation needs immediate attention (24 hrs) or if it can beinvestigated within a 2-week timeframe Human Services Temporary Foreign Worker Advisory Office 12 12 13. WCB Referral for Enforcement WCB is responsible for assisting workers who are injured at work A TFW is covered once theyre within Alberta borders TFWs are referred to WCB once they report that they were injuredat the workplace Once TFWs have a case manager, advisors often result inbecoming the TFWs representative by completing a WCB form thatallows WCB case managers to discuss the TFWs WCB informationand action plans In most cases it is easier to assist TFWs in this process as theytypically dont know their rights and feel that theyre inconveniencingtheir case managers Human Services Temporary Foreign Worker Advisory Office13 13 14. Federal Partners Service Canada reviews and processes employers LabourMarket Opinion applications considering the National LabourMarket Citizenship and Immigration Canada managesimmigration policies and programs including the issuance ofWork Permits Canada Border Service Agency is responsible forproviding integrated border services that support nationalsecurity and public safety Note: The Temporary Foreign Worker Program is a federal programHuman ServicesTemporary Foreign Worker Advisory Office1414 15. TFWAO Enforcement StatisticsJanuary, 2011 to December, 2011 Citizenship & Immigration Canada 32.3% Employment Standards 24.7% Service Canada 20.0% Service Alberta 7.8% Alberta Human Rights 7.0% RCMP or other Police 5.1% Workers Compensation Board 1.6% Workplace Health & Safety 1.5% Human Services Temporary Foreign Worker Advisory Office 15 16. Referrals to Non-EnforcementAgenciesOur office also refers to non-enforcement agencies such as: Immigrate to Alberta Information Services Service Providers: Lethbridge Family Services Apprenticeship and Industry Training Board Labour Market Information Centres Employment Insurance benefits, Calgary Legal Aid,Supports Services for TFWs, etc Note: Our office does NOT refer TFWs to apply for IS benefitsHuman ServicesTemporary Foreign Worker Advisory Office16 16 17. TFW Resources Guide For TFW Employees Fourteen Languages: English, Chinese, French,German, Hindi, Korean, Polish, Punjabi,Romanian, Spanish, Tagalog, Thai, Ukrainian,Vietnamesehttp://employment.alberta.ca/Immigration/6599.html (rc) Outlines TFWs rights and responsibilities whileworking and living in Alberta Provides contact information for support servicesand resources useful for TFWs Human Services Temporary Foreign Worker Advisory Office17 18. TFW Resources Guide For Employers of TFWs Outlines Employers rights and responsibilitieswhile employing TFWs in Albertahttp://employment.alberta.ca/Immigration/4545.html (rc) Discusses Contracting with an EmploymentAgency Support Services for Employers and TFWs Alberta Immigrant Nominee Program (AINP) Checklist for Employers for TFWs first day at work Human Services Temporary Foreign Worker Advisory Office18 19. Other Resources Welcome to Alberta: Outlines initial settlementrelated information for new comers to Alberta Hiring and Retaining Foreign Workers :Outlines TFW processes, recommendations on TFWretention and information around nomination forpermanent residence A Guide to Rights and Responsibilities inAlberta Workplaces booklet : publication can helpfind answers to questions about employmentstandards, health and safety, human rights andworkers compensation proceduresHuman ServicesTemporary Foreign Worker Advisory Office 19 20. Important Information for TFWs No one has the authority to deport or remove a TFWexcept Citizenship and Immigration (CIC) and CanadaBorder Services Agency (CBSA) A TFW has the right to legally stay in Canada until theday their work permit expires regardless if they areworking or not The government of Alberta established the TFWAO tomake TFWs aware of their Rights and ResponsibilitiesHuman ServicesTemporary Foreign Worker Advisory Office 20 21. Permanent Residence in Canada CIC makes finaldecisionFEDERAL PROVINCIAL Alberta (AINP) ManitobaFederal Skilled Worker Newfoundland & OntarioCanadian Experience Class Labrador Saskatchewan British Columbia SponsorshipIn-Canada Spouse/Common-law Cl assOR Family Cl ass New BrunswickNova ScotiaInvestors, Entrepreneurs,Self-employedPrince Edward Yukon Island Quebec-selectedNorthwestskilled workers TerritoriesHuman ServicesTemporary Foreign Worker Advisory Office 22. Alberta Immigrant NomineeProgramEmployer -DrivenFamilySelf-EmployedStrategic RecruitmentStreamFarmer Stream StreamSkilled Worker International GraduateSemi-skilled Compulsory and EngineeringUS VisaWorker Optional TradesOccupationsHolder Since August 23, 2010, the AINP is not accepting applications under the Family Stream or under the US Visa Holder category.Human ServicesTemporary Foreign Worker Advisory Office 23. Contact Immigrate to AlbertaInformation Service by Phone Monday to Friday: 10:00 to 16:30Mountain TimeToll-

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