More Protection for Foreign Workers Urged

MFL also recommends steps to protect children involved in acting and modelling

On March 25, the Manitoba Federation of Labour presented a brief to the Manitoba government outlining recommended amendments that are necessary to make the Employments Services Act more responsive to the needs of Temporary Foreign Workers (TFWs) and children recruited by talent, acting and modelling agencies.

The issue of temporary foreign workers affects more individuals than many people realize. As of January 2007, there were nearly 4,500 such workers in Manitoba - about triple the number of a decade earlier.

The Temporary Foreign Workers Program has greatly expanded since the Harper Conservative government came to power in Ottawa in 2006. Among the changes made is that employers were previously required to advertise for six weeks to attract Canadian workers before applying to bring in temporary foreign workers. That requirement was reduced to a seven day advertising period.

The program as it exists now contains many flaws. Flaws such as how guest workers are fleeced by unscrupulous labour brokers who charge exorbitant 'processing fees' in exchange for work permits - how workers are misled with false promises about wages and working conditions - how they are exploited, intimidated and threatened with deportation by some employers unless they accept terms akin to indentured servitude - how they are faced with social isolation and separation from their families and communities - how they are sometimes exposed to racism and discrimination.

Many Temporary Foreign Workers are reluctant to complain, for fear they will lose their Canadian employment and be returned to their country of origin. Many are unaware of their rights under Manitoban and Canadian law. And, in far too many cases, their homeland experience discourages standing up for their rights in the face of employer or government authority.

The MFL brief states that the immigration system should be reformed to make permanent immigration more accessible and efficient. Foreign workers coming to Canada should be afforded the rights of permanent immigrants. Canadian employers should turn to training of existing Canadian workers, employment of under-represented groups in the labour market (aboriginals, people with disabilities, permanent residents), and permanent immigration to solve their labour market problems.

The brief also says Manitoba needs an active enforcement regime for TFWs. Complaint-driven processes are insufficient. The brief urges the establish a team of Employment Standards, WCB and OH&S officers dedicated to issues dealing with TFWs. The team should utilize a more pro-active enforcement model of investigations, unannounced audits and preventative inspections.

In the full list of recommendations contained in the MFL brief, two themes are paramount. The proactive enforcement by the Federal and Provincial governments, and education - both in the community and for the Temporary Foreign Workers themselves. Having standards is one thing, but they are meaningless unless the workers, employers and community are aware of them. Having built-in protections is another thing, but ineffective when they are complaint triggered and not actively enforced.

In relation to young people involved in acting and modeling, the MFL brief outlines a number of issues that need to be addressed. Changes in that area suggested by the MFL include requiring all individuals or agencies engaged in recruiting minors to be registered and bonded, steps to ensure a child's education is not interrupted or compromised by these activities, tight restrictions on the performance of stunts, hours of work, mandatory meal and rest breaks, and duration of the work day, and travel for work or audition purposes for young people should only be permitted when the child is accompanied by a parent or legal guardian, or a responsible adult with written authorization from a parent or legal guardian.

You can view in PDF format (142kb) the full MFL Brief on these issues. An earlier story on this topic was added to the MFL web site in November 2007.