HRSDC – Human resources development Canada
When assessing a job offer, HRSDC uses an assessment technique called Labour Market opinion. HRSDC/Service Canada considers primarily, the occupation that the skilled worker will be employed in, the wages and working conditions offered, the genuineness of the offer and employer history; and, if the offers are permanent, full-time, and non-seasonal. It is worthy to note, that when assessing a skilled worker in a regulated occupation there are special considerations to look at.
An LMO can be terminated during the application process if the applicant happens to
- Include false or misleading information,
- New facts come forward before the date the LMO is issued that would affect the assessment. 3. The opinion was based on a mistake on fact that is material.
Let’s explore the criteria that HRSDC base their LMO on…
- Wages and working conditions.
- Based on statistics Canada’s reporting, HRDSDC will compare wages that are being offered to the foreign skilled workers and other Canadians, other sources such as provincial ministries and other sources are used.
- Minimum Advertisement requirements
- When a company applies to hire a foreign national, it would have exhausted the requirement to hire a Canadian or permanent resident. By providing proof of the advertisements and keeping them on record for 2 years in case they are needed by service Canada. This differs slightly in Quebec.
- To satisfy HRDSC that you conducted the minimum standards for the advertising requirements, your condition is met if you advertise on a recognized source for a minimum of 14 days, or Advertise on the Job Bank for 14 days, within the 3 months before applying for an LMO
- Advertisements must include Company name, job duties, wage range, the position, and the location of work and the nature of the position.
- Union consultation
- If the foreign worker position is part of a union, the employer will have to make sure they conducted the correct steps and 1. Explained the unions position on hiring the FW.2 .An indication of the relationship between the employer and the union that they actively work together to identify unemployed Canadians.3. Confirmation the conditions of the union will apply to the foreign worker.
- Regulated Occupations.
- Occupations that qualify exempt from an LMO, Workers in this category have to be certified and licensed in their category, like Doctors, Engineers, etc…
As we can see, HRSDC is in place to ensure economic growth in Canada, it helps fills the shortages of skill and labor that is needed by Canadian employers when domestic sources are exhausted. It is an important step to apply for an LMO it basically asses how the new employment of a foreign worker in the requested application will affect Canadian Jobs and that is important to all Canadians.
Ahmed Adbel Raouf Hatata