Employment Contract

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Temporary Foreign Worker Program

Annex 2

Instruction Sheet to Accompany Employment Contract

The purpose of an employment contract is to:

•

Have a written, detailed description of the job. It includes for example, the maximum number of

hours of work per week, wage rate and whether overtime will be paid. The contract must be

signed by both the employer and employee.

•

Describe the terms and conditions of employment.

•

Articulate the employer's responsibilities and the worker's rights.

•

Help ensure that the worker gets fair working arrangements.

The employment contract must respect provincial labour laws that establish minimum employment

standards such as the minimum wage.

Enforcing the terms and conditions of the employment contract

The Government of Canada is not a party to the contract. Employment and Social Development Canada

(ESDC)/Service Canada has no authority to intervene in the employer-employee relationship or to

enforce the terms and conditions of employment. It is the responsibility of the employer and worker to

familiarize themselves with laws that apply to them and to look after their own interests.

The contract assists ESDC/Service Canada officers in forming their Labour Market Impact Assessment,

pursuant to their role under the Immigration and Refugee Protection Regulations.

Sample Employment Contract

Employers must complete and sign a contract before applying for a Labour Market Impact Assessment.

The attached sample contract or another contract which includes all the terms and conditions of the

sample contract or described in the guidelines for employers, must be completed and signed by the

employer. Additional provisions may be added as long as they do not contradict the terms and conditions

mentioned above. The employer must complete and sign the employment contract and send it to the

foreign worker ("The Employee") with a copy of the confirmation letter he/she received from ESDC. The

worker must sign the contract and provide both documents to the Canada mission abroad.

Third-party Representatives

A third-party representative/recruiter cannot be party to or sign the employment contract on behalf of the

employer or otherwise.

Any agreement respecting employment validations between ESDC/Service Canada and the employer is

contingent on the employer being a party to the contract.

EMPLOYMENT CONTRACT

The Employer:

Business Name (if a Business, provide key business

contact under last name/first name):

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Last Name : _

First Name:

Address: _

Phone Number:

Fax Number:

Email Address:

The Employee:

Last Name:

First Name:

Home Address:

Phone Number:

Fax Number:

Email Address:

The PARTIES agree as follows:

Duration of Contract

This contract shall have duration of _ months from the date The EMPLOYEE assumes his/her

functions (the "TERM OF EMPLOYMENT").

Both parties agree that this contract is conditional upon The EMPLOYEE obtaining a valid work permit

pursuant to the Immigration Regulations, and his/her successful entry to Canada.

Job Description

The EMPLOYEE agrees to carry out the following tasks

(describe tasks in detail): .

Work Schedule

The EMPLOYEE shall work hours per week. He/she shall be paid overtime for any hours of work

exceeding _ hours per week. His/her workday shall begin at _ and end at _ , or, if

the schedule varies by day, specify: .

The EMPLOYEE shall be entitled to minutes per day of break time (lunch, coffee breaks

etc…..).

The EMPLOYEE shall be entitled to _ day(s) off per week, on .

The EMPLOYEE shall be entitled to weeks of paid vacation.

The EMPLOYEE shall be entitled to days of sick leave per year.

Wages and Deductions

The EMPLOYER agrees to pay The EMPLOYEE, for his/her work, wages of $_ _ per week, or

$ per hour. These shall be paid at intervals of _.

10.

The EMPLOYER agrees to remit all EMPLOYEE's income deductions to Canada Revenue Agency (in

Quebec, also to Revenu Québec) as prescribed by law (including, but not limited to Employment

Insurance, Income Tax, Canada Pension Plan or Quebec Pension Plan).

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11.

The EMPLOYER shall not recoup from the EMPLOYEE, through payroll deductions or any other

means, any costs incurred from recruiting the EMPLOYEE.

Reviewing Wages

12.

If applicable, the EMPLOYER agrees to review and adjust (if necessary) the EMPLOYEE'S wages

after 12 months of continuous employment, to ensure they meet the prevailing wage rate for the

occupation in the region where the EMPLOYEE shall be employed.

Transportation Costs

Use the appropriate no. 13 clause according to the situation.

13.

The EMPLOYER agrees to assume the transportation costs of the round trip travel of the EMPLOYEE

between his/her country of permanent residence and place of work in Canada, i.e.

(specify the country of permanent residence and the place of work in

Canada). It is the EMPLOYER'S obligation and responsibility to pay for the transportation costs and they

cannot be passed on to the foreign worker (i.e. the EMPLOYEE pays for the transportation costs on

behalf of the employer and is reimbursed at a later date). Under no circumstances are transportation

costs recoverable from the EMPLOYEE.

13.

Since the EMPLOYEE is currently in Canada, the EMPLOYER agrees to pay the costs of transporting

the EMPLOYEE from his/her current Canadian address to the EMPLOYER'S location of work in Canada,

i.e. _ (specify the EMPLOYEE'S current Canadian address and the place of work) and one-way

transportation back to the EMPLOYEE'S country of permanent residence i.e (specify the

EMPLOYEE'S country of permanent residence). It is the EMPLOYER'S obligation and responsibility to

pay for the transportation costs and they cannot be passed on to The EMPLOYEE (i.e. employee pays for

his/her own transportation on behalf of the EMPLOYER and is reimbursed at a later date). Under no

circumstances are transportation costs recoverable from the EMPLOYEE.

14.

If there is a termination of the employer-employee relationship and the EMPLOYEE is hired by a NEW

EMPLOYER who has a neutral or positive Labour Market Impact Assessment under the Low-wage

Stream of the Temporary Foreign Worker Program, The EMPLOYEE shall release the ORIGINAL

EMPLOYER with the obligation of his/her return transportation cost to his/her country of permanent

residence. The NEW EMPLOYER is responsible for the EMPLOYEE’s transportation costs to the new

location of work in Canada and back to the EMPLOYEE's country of permanent residence. The

EMPLOYER is obliged to and responsible for paying the transportation costs (i.e. the ORIGINAL

EMPLOYER pays incoming transportation costs and the NEW EMPLOYER pays for the return

transportation costs to the country of permanent residence). These costs cannot be passed on to the

EMPLOYEE (i.e. EMPLOYEE pays for its own transportation on behalf of the EMPLOYER and is

reimbursed at a later date). Under no circumstances are transportation costs recoverable from foreign

workers.

Temporary foreign workers who change jobs must ensure that their work permits are modified accordingly

and EMPLOYERS who hire temporary foreign workers already in Canada must apply to ESDC/Service

Canada for a Labour Market Impact Assessment (LMIA) and obtain a neutral or positive LMIA.

Accommodation

15.

The EMPLOYER agrees to ensure that reasonable and proper accommodation is available for the

EMPLOYEE, and shall provide the EMPLOYEE with suitable accommodation, if necessary. If

accommodation is provided, the employer shall recoup costs as outlined below. Such costs shall not be

more than is reasonable for accommodations of that type in the employment location.

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The EMPLOYER _ will / will not provide the EMPLOYEE with accommodation. (Mark X

beside appropriate box)

If yes, The EMPLOYER will recoup the costs at an amount of $ _ per (month, two-week

period etc.) through payroll deductions.

Hospital and Medical Care Insurance

16.

The EMPLOYER agrees to provide health insurance at no cost to the foreign worker until such time

as the worker is eligible for applicable provincial health insurance.

Workplace Safety Insurance (Worker's Compensation)

17.

The EMPLOYER agrees to register The EMPLOYEE under the relevant provincial government

insurance plan. The EMPLOYER agrees not to deduct money from The EMPLOYEE'S wages for this

purpose.

Notice of Resignation

18.

Should the EMPLOYEE wish to terminate the present contract, The EMPLOYEE agrees to give The

EMPLOYER written notice thereof at least one week in advance.

Notice of Termination of Employment

19.

The EMPLOYER must give written notice before terminating the contract of The EMPLOYEE if

the EMPLOYEE has completed 3 months of uninterrupted service with the EMPLOYER and if the

contract is not about to expire. This notice shall be provided at least one week in advance.

Contract Subject to Provincial Labour and Employment Legislation and Applicable Collective

Agreements

20.

The EMPLOYER is obliged to abide by the standards set out in the relevant provincial labour

standards act and, if applicable, the terms of any collective agreement in place. In particular, The

EMPLOYER must abide by the standards with respect to how wages are paid, how overtime is

calculated, meal periods, statutory holidays, annual leave, family leave, benefits and recourse under the

terms of the provincial labour standards act and, if relevant, collective agreement. Any terms of this

contract of employment less favourable to The EMPLOYEE than the standards stipulated in the relevant

labour standards act is null and void.

IN WITNESS WHEREOF the parties state that they have read and accepted all the terms and conditions

stipulated in the present contract.

Signed at:

The Employer _

Date

and at:

The Employee

Date

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