The Employment Contract Foreign Worker is a specialized agreement used when Canadian employers hire foreign nationals under various immigration programs, including the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP). This document is essential for work permit applications and must comply with federal immigration requirements, including Labor Market Impact Assessment (LMIA) conditions where applicable, as well as provincial employment standards. The contract serves multiple purposes: satisfying immigration authorities' requirements, protecting both employer and employee rights, and ensuring compliance with Canadian employment laws. It typically includes specific provisions about work permit maintenance, job duties matching the LMIA or work permit specifications, and any special conditions required by Canadian immigration authorities.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant corporate/business details
2. Background: Context of the employment relationship, including reference to LMIA if applicable, and basis for foreign worker employment
3. Definitions: Key terms used throughout the agreement, including specific immigration-related terminology
4. Position and Duties: Detailed description of job title, responsibilities, and reporting relationships, matching LMIA and work permit requirements
5. Term and Work Permit: Duration of employment, ties to work permit validity, and any conditions related to maintaining valid work authorization
6. Compensation: Salary, benefits, and deductions, ensuring compliance with LMIA requirements and prevailing wage rates
7. Hours of Work: Work schedule, overtime provisions, and compliance with maximum hour restrictions
8. Location of Work: Primary work location and any travel requirements, matching work permit specifications
9. Vacation and Leave: Vacation entitlement, statutory holidays, and various types of leave as per employment standards
10. Benefits and Insurance: Health benefits, insurance coverage, and other employee benefits
11. Confidentiality: Protection of employer's confidential information and intellectual property
12. Termination: Grounds for termination, notice periods, and impact on immigration status
13. Governing Law: Specification of applicable Canadian federal and provincial laws
14. Entire Agreement: Statement that the contract represents the complete agreement between parties
15. Execution: Signature blocks and date of agreement
1. Probationary Period: Include when the employer wishes to establish an initial evaluation period, if permitted by provincial law
2. Relocation Assistance: Include when the employer is providing support for relocation to Canada
3. Housing Provisions: Include when the employer is providing or assisting with housing arrangements
4. Non-Competition: Include restrictive covenants if appropriate and enforceable under provincial law
5. Language Requirements: Include when specific language proficiency is required for the position
6. Training Requirements: Include when specific training or certification is required for the position
7. Return Transportation: Include when employer is providing return transportation at end of employment
8. Work Permit Renewal: Include process and conditions for work permit renewal if applicable
1. Schedule A - Job Description: Detailed description of duties and responsibilities matching LMIA and work permit
2. Schedule B - Compensation Details: Breakdown of salary, benefits, deductions, and any special allowances
3. Schedule C - Company Policies: Reference to or inclusion of relevant workplace policies
4. Appendix 1 - LMIA Details: Copy or summary of LMIA conditions and requirements
5. Appendix 2 - Benefits Summary: Detailed description of all benefits and eligibility requirements
6. Appendix 3 - Required Certifications: List of required professional certifications or qualifications
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