While not generally mandatory, a current, clear, and concise written employment contract is one of the best investments Canadian employers can make to limit their liability related to their workforce. This is even more crucial when it comes to hiring temporary foreign workers whose employment depends not only on their personal qualifications and performance but also on an employer’s authorization to legally hire the foreign worker and compliance with all requirements of the Immigration Refugee Protection Act and Regulations. Since September 2022, it is mandatory that all employers who hire under the Temporary Foreign Worker or the International Mobility Programs provide foreign workers with a written and signed employment contract outlining the terms and conditions of their employment. There are additional considerations that apply to written employment contracts for temporary foreign workers to avoid unanticipated contractual and common law liability. Here are six key considerations for employment contracts for temporary foreign workers.
