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The Roles of Government, Employers, and Unions in Low and Semi-Skilled Temporary Foreign Worker Programmes: The Case of Alberta, Canada
Katie Kuschminder
PhD Candidate,Maastricht Graduate School of Governance
1. Introduction to Low-Skilled Temporary Foreign Worker
Programmes
2. Problems of TFW Programmes
3. International Best Practices: GCIM
4. Case of Alberta, Canada
5. Legal Responsibilities of Government, Employers and Unions
6. Recent Programme Developments
7. Overview of the Current Situation
8. GCIM and Alberta
Presentation Overview
Defining Characteristics of Low Skilled Temporary Foreign Worker Programmes
Based on Rationale of a perceived Labour Shortage
Recruited to fill jobs nationals are unwilling to do: 3-D’s – Dirty, Dangerous, and Difficult
Rotation Principle
1990’s defined by micro-programmes that each aim to fill specific job vacancies in a particular sector (Martin, 2003)
Generally prohibit settlement and Family Reunification
Common Problems of TFWP
1. Tethering of Migrant Workers Tether to a particular job and/or employer
2. Dependency1. Families of Migrant Workers
2. Receiving Society dependent on low wage
3. Commodification of Migrant Workers “We asked for workers and we got people”
Global Commission for International Migration Best Practices for Migrant Workers
“fully inform migrants of their rights and obligations,
allow them to change jobs in receiving countries,
have governments enforcing laws that regulate contractors, employers and others involved in moving workers over borders and employing them.”
Population 3.6 million
Roughly the size of France or Texas
Population concentrated in Calgary and Edmonton
Case: Alberta, Canada
Low Skilled Pilot Project:Programme Overview
Includes jobs that require low levels of formal training (NOC classifications C and D)
Employer tied permit for one location and one job title
Work permits for up to 24 months
Allows for re-entry after 12 months return to country of origin
Workers can be nominated by their employer for Alberta Immigrant Nominee Programme to become permanent residents
Numbers: Flows
0
10000
20000
30000
40000
50000
60000
70000
80000
2005 2006 2007 2008 2009
Alberta BC SK MB ON QC NFLD PEI NS NB
Number of Temporary Foreign Worker Entries to Canada by Province, 2005-2009
Number of TFWsPercent of Total
Population Alberta 57,843 1.6BC 58,456 1.3Saskatchewan 4,378 0.4Manitoba 5,397 0.4Ontario 91,733 0.7Quebec 26,085 0.3Newfoundland 1,071 0.2New Brunswick 2,044 0.3Nova Scotia 2,549 0.2PEI 460 0.3
Numbers: Absolute
Numbers: Skill Level
2003 2004 2005 2006 2007
Level 0 - Managerial 7,3 6,9 6,4 5,9 5,0
Level A - Professional 29,3 27,4 26,0 22,2 15,3
Level B - Skilled and technical
13,1 13,2 14,9 18,4 19,6
Level C - Intermediate and clerical
24,8 24,5 24,5 23,2 23,8
Level D - Elemental and laborers
1,6 1,3 2,6 6,8 17,0
Level Not Stated 22,6 25,6 24,6 22,3 18,7
Temporary Foreign Worker Occupational Classification Alberta, 2003-2007 by percentage
Numbers: Source Countries
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Philippines United States Mexico United Kingdom
India Australia Germany Korea, Republic of
China, People's Republic of United Arab Emirates
Temporary Residents Present in Alberta by Source Country, 1999-2008
Numbers: Permanent versus Temporary Migration
1323615834
22114
37293
57843
1647519404 20716 20861
24185
0
10000
20000
30000
40000
50000
60000
70000
2004 2005 2006 2007 2008
Temporary Permanent
The number of temporary and permanent residents in Alberta, 2004-2008
Legal Responsibilities: Government
Human Resources and Skills Development Canada (HRSDC) – issue Labour Market Opinion
Citizenship and Immigration Canada (CIC) – issue work permits
Border Security – make final decision upon entry
Alberta Advanced Education and Technology (AAET) – assess foreign credentials
Alberta Employment, Immigration, and Industry – assess applications for Alberta Immigrant Nominee Programme
Civil Rights- Employment Rights, Health Care, Education, Housing
PROVINCIALFEDERAL
Legal Responsibilities: Employers
Application for Labour Market Opinion
Provide contract to TFW demonstrating wage parity
Covering round trip transportation costs
Provide health care until employee receives Alberta Health Care
Confirming the availability of affordable and suitable accommodation
Registering workers with the appropriate provincial Workplace Safety Board
Ensure employee has appropriate training and safety equipment to perform the job
Legal Responsibilities : Unions
Union membership in Canada is voluntary
No formalized role in the process TFWs became key campaign
issue for Alberta Federation of Labour
March 2007- Hired a Temporary Foreign Worker Advocate
November 2007 AFL Publish Alberta’s Disposable Workforce
Key Issus: Wages, Working Conditions, Brokers, Housing, Lack of Rights Enforcement, Bureaucracy
Legal Responsibilities: Passing the Buck
Government of Canada - “The Government of Canada is not a party to the contract. Human Resources and Skills Development Canada (HRSDC)/ Service Canada (SC) 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 the worker to familiarize themselves with laws that apply to them and to look after their own interests.”
Government of Alberta – Complaint Driven System, lacks formal enforcement. Statement of AEII spokesperson: “government doesn't monitor temporary foreign workers "because the bureaucracy on that one would be crazy.”” (Harding and Walton)
Employers – Responsible for treatment of migration workers. Unions – Key watchdog to support and promote migrant workers rights
Resulting Key Issues
Embedded migrant vulnerability and lack of protection for migrant rights
Lack of Enforcement Brokers Housing Wages Employment Conditions
Complaint Driven Process
Shifting Immigration System
Global Commission for International Migration Best Practices for Migrant Workers
“fully inform migrants of their rights and obligations,
allow them to change jobs in receiving countries,
have governments enforcing laws that regulate contractors, employers and others involved in moving workers over borders and employing them.”
Programme Developments: Provincial
Nov 2007- TFW Advisory offices in Edmonton and Calgary with TFW Hotline
February 2008- Employment Standards Enforcement Services (8 member audit team)
June 2008- Settlement Services Pilot in 5 cities October 2008- Alberta and Philippines sing MOU to improve
entry for Filipino workers February 2009- Changes to the Alberta Immigrant Nominees
Programme April 2009- Publish Employer Guide and Employee Guide April 2010- Published further documents including: Developing
your own settlement and integration plan, Employment Standards Guide, and Employers First Day Checklist
Programme Developments: Federal
October 2006- Government of Canada opened TFW processing office in Calgary
December 2006- Work Permits extended to 2 years
July 2007- Government of Alberta and Government of Canada signed MOU to work on improving TFW program
July 2007- Regional Occupations Under Pressure
November 2008- Fast Track for TFW seeking to switch
employers
Programme Developments: Employers
Fiscal Year 2009- as of January 31- 74% of businesses employing TFWs inspected in Alberta were in violation of the provincial labour code 29.4% related to overtime pay 23.6% related to GHP (general holiday pay, i.e.
statutory holiday pay) 15.6% related to record-keeping 8.2% related to vacation pay 56% of businesses inspected were
accommodation and food services
Programme Developments: Unions
AFL- April 2008- transferred casework to Edmonton Community Legal Clinic
Advocate focuses on research, advocacy, and public education
November 2009- Entrenching Exploitation UFCW 1118- Instituted rights for TFWs
into collective labour agreement including application for permanent residency
In 2007- over 460 applications had been made and 417 were successful (90%)
Global Commission for International Migration Best Practices for Migrant Workers
“fully inform migrants of their rights and obligations,
allow them to change jobs in receiving countries,
have governments enforcing laws that regulate contractors, employers and others involved in moving workers over borders and employing them.”
GCIM and Legal Responsibilities for Low-Skilled Temporary Foreign Workers in Alberta
Government of Canada needs to take responsibility for the programme it implements
Roles need to be clarified
Formalized institutions to protect migrant rights
Provincial Governments need to be supported in enforcement
Enforcement should be mandated for brokers, workplace conditions, and protection of migrants rights
