Quebec plans Protection of Temporary Workers through Placement Licensing -23rd May, 2019

Temporary Foreign Workers
Quebec has a plan of introducing a draft regulation for establishing a mandatory system of licensing. It aims to supervise the personnel placement agencies as well as recruitment agencies dealing with Temporary Foreign Workers.

The aims

Through this legislation, there will be an improvement in the protection of these Workers engaged in the province. The license requires a payment of fee at $1,780, and it will be issued by the Committee on Standards, Equity, Health and Work Safety of the province. This decision of Quebec regarding introducing the Licensing System is the emulation of a similar move, introduced in British Columbia in 2019.

It intends to prevent the agencies from:

  • taking a recruitment fee from the TFW,
  • holding any personal documents, or
  • Taking any measure/agreeing for provisions that prevent/restrict the hiring of the employees (by the employer) for more than 6 months from the starting date.

The legislation specifically highlights that the agencies involved in personnel placement, cannot charge an employee for taking up an assignment with the employer,  or for training, taking interview advice or for writing to the employment search tools.

Other facts

Applicants also have to provide security worth $15,000 for procuring a license for a personnel placement agency.

Moreover, the recruitment agencies cannot charge a temporary foreign worker for the recruitment of workers or for any fees apart from the authorized fees under as per the Canada Government Program.

Licensed personnel placement/recruitment agencies must also:

  • Provide the Worker a document that depicts working conditions, permissible wages as well as the Employer Contact Information. They also have to provide this document available to the provincial authorities.
  • Maintain the invoices, contracts, and data on working hours per day/per week by each Worker for every employer, for 6 years.

The applicants of License must also submit paperwork and authorization for acting on behalf of the recruitment agency/personnel placement. It must be attested by Revenu Quebec showing paying of taxes in time. Moreover, there must be information on penal/criminal convictions during the past five years.

The Requirements

The Requirements are:

  • Age above 18 years,
  • Paying a fee of $1,780,
  • Providing the required security for personnel placement agencies only
  • A proof that they are not suffering from the Bankruptcy Order

All agencies dealing with personnel placement and recruitment presently operating must apply for this license.

In case of denial of a license for any agency, it will be disallowed to continue to work. Unless there are fresh facts, the agency is not eligible to reapply for the license for 2 years.

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