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Journal article

The temporary foreign worker programs in Canada: Workers as an extreme form of flexible labour

This document is a key resource

Date

2009

Authors

Judy Fudge

Abstract

This article focuses on the legal regime that regulates the entry and exit of low-skilled temporary foreign and these workers’ rights and terms and conditions of employment while in Canada. We have chosen to study this program because little has been written on it and it is an example of the international trend towards a proliferation of temporary migration programs for low-skilled workers. Our primary concern is the employment-related rights of the temporary foreign workers, although we are also interested in beginning to explore the impact of this program in relation to the Canadian labour market. In order to understand the distinctive features and effects of the low-skilled temporary foreign workers program, we situate the low-skill Temporary Foreign Workers Program (TFWP) in the context of the emergence and development of Canada’s general TFWP. We begin by tracing the changes in the TFWP from its birth in the 1970s, and the gradual shift from immigration for permanent settlement to a reliance on temporary workers to address labour market shortages. We show how changes introduced in the 1990s resulted in the polarization and proliferation of targeted temporary migrant worker programs with different restrictions and entitlements for different groups of workers. We present data to demonstrate the rise in the numbers of temporary foreign workers entering Canada associated with these Program changes. The data also foreshadows the changes to the low-skill TFWP, which we concentrate on in the second part of the article. In our discussion of the low-skill TFWP, first we analyze the changes that have made the program more “employer-friendly” and then we examine the mechanisms designed to protect temporary foreign workers. In the conclusion, we offer a preliminary (and tentative) assessment of the impact of the program on the Canadian labour market and evaluate whether or not the employment rights of the workers who are admitted under it are protected. We also indicate how the economic crisis has influenced the legitimacy of the low-skilled TFWP.

Journal title

Comparative Labor Law and Policy Journal

Volume

31

Page numbers

101-139

Notes

Focuses on the legal regime that regulates low-skilled TFWs' entry and exit, and these workers' rights and conditions while in Canada

- also interested in beginning to explore impact of this program on Cdn labour market

NEED TO GO THROUGH THIS AND OTHER SOURCES TO SUMMARIZE THE KEY CHANGES TO THE TFWP

Highlights/Relevance:

- origins of and changes to the TFWP overtime

- stats and trends re: TFWs

- provincial focus - problems, laws, developments, esp. in the AB and BC

- needs of employers as paramount; why; examples of this

- info about the LSPP, including its name, employer obligations and pay issues

- what's in a sample HRSDC employment contract

- other forms of supposed protections for workers (and why they don't work)

- pathways to permanent residence (limited)

- why LSPP workers come alone (diff b/w high- and low-skill program re: spouses)

- disincentives to raise complaints - good quote and stats

- UFCW and CLC involvement

- ag workers in occupations most at risk, in need of protections

- recruitment agencies

- provincial labour standards (challenges to apply to TFWs)

- overall remarks re: impacts of the LSPP

- 2009 standing committee report (briefly)

- public approval for TFWs on the decline, esp. with recession

File Attachments

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Economic sectors

General relevance - all sectors

Content types

Policy analysis

Target groups

Researchers

Geographical focuses

National relevance

Languages

English