Quebec employers seeking to hire temporary foreign workers will have to refer to a new salary guide or structure, the province’s immigration minister has announced.
The change will come into effect on Dec. 1. Employers in Quebec will have to refer to the 2020 edition of the salary structure or guide instead of the 2018 edition currently in use.
Furthermore, the Quebec government has indicated that “offers of temporary employment received by the immigration ministry on or after that date may be declined or refused if the salary offered for the job is based on the 2018 edition of the Salary guide.”
This means that the changes could apply to applications for work authorization that were lodged prior to Dec. 1, 2020, and are still in the process once the changes come into effect on that date.
When the Quebec immigration ministry receives a request for a Labor Market Impact Assessment (LMIA), it verifies whether the salary offered to the temporary worker is equivalent to the salary of an avaerage Quebec worker in the same job class and for a corresponding level of experience.
If the employment offered by the employer in Quebec is covered by a collective agreement or decree, the salary will have to adhere to the provisions of that agreement or decree.
If the employment offered is not covered by a collective agreement or a decree, the ministry determines the wage by referring to the Québec’s employement Guide to Wages by Professions Presented at Intervals by Quartiles in Quebec.
The hourly wage to be used for a particular job offer or occupation is established using three categories and determined by the number of years of work experience required by the employer.
If no salary information is available in the Guide, the Quebec ministry of immigration will refer to federal wage information available on Canada’s Job Bank.
When applying for work authorization, the salary offered have to be based on guaranteed wages only, which means that the payment of overtime, indemnities, tips, profit-sharing, commissions, bonuses, and any other form of wages are not included in the calculation.
The occupations of the temporary workers are determined based on the National Occupational Classification (NOC) 2016 for all classes of positions in the Temporary Foreign Worker Program (TFWP).
The NOC is a classification system formally recognized across Canada for the occupations that make up the Canadian labour market.
The skill level and skill type are the two major requiremnts used to classify occupations in the NOC.
Many companies in Quebec and organizations hire temporary foreign workers on a temporary basis. The reason these workers are brought to the province is because of a labor shortage in certain sectors of activity.
Determining the current salary structure is critical to the immigration procedure to be followed to obtain a temporary work permit in Quebec province.
It is very important to remember that the process of hiring temporary foreign workers in Quebec also involves several steps and requires several authorizations such as a favorable LMIA and a Quebec Selection Certificate (CSQ).