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ARTICLE · 24 MARCH 2015

Employer Obligations In Terminations Of Temporary Foreign Workers

Miller Thomson
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With a number of employers going through group terminations, questions surrounding their TFW workforces have been asked many times.

CanadaEmployment and HR

Outside of the rights and obligations provided to Canadians and Canadian Permanent Residents in terminations, what additional factors do employers need to be aware of when terminating a temporary foreign worker ("TFW")? With a number of employers going through group terminations, questions surrounding their TFW workforces have been asked many times. Unfortunately, as with any legal question, the answer is not simple and depends on the specifics to each situation. It depends on what type of work permit the TFW is currently on, and, depending on the type of work permit, it may depend on the skill level of their position.

The first thing employers need to be aware of is who their TFWs are within their company, because it may not always be obvious. If an employee has a Social Insurance Number beginning with a "9", they are likely a TFW.

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