Is It Fair To Barr Some When All That They Are Is Just The Same? Every government should be a strong supporter of human rights both at home and internationally. If I would have given the opportunity to decide,â€ Should Temporary Foreign Workers have the same rights as Canadian workersâ€? My answer would be â€œYesâ€, because we all are human beings whether belong to the same country or migrated from another origin, so it is fair to have the same human rights among all individuals. This essay consist of the critical analysis of Manitobaâ€™s Worker Recruitment and Protection Act, where we will be emphasizing on the fact that what circumstances made this act to come into practice and what are the implications of this act. And finally the level to which the Canadian Government have successfully saved the Rights of the Temporary Foreign Workers. Background
One of the major policy responsible for the population and labour force growth in Manitoba is Immigration. The temporary residents in addition to the permanent residents are becoming a significant component of Manitobaâ€™s population and immigration mix, particularly in Alberta and Saskatchewan. The primary reason for the establishment of the Manitobaâ€™s Workers Recruitment and Protection Act (WRAPA) was the unbalance between the relationship of the Permanent Canadian Workers and the Temporary Foreign Workers (TFWs) .The TFWs were who migrated from their land and aparted from their family in order to improve their lives were exploited by the Employers and the Recruiters, in order to stop the exploitation and to strengthen and improve protections for foreign workers the WRAPA came into effect on April 1, 2009. The Act also set an Employment Standardâ€™s Special Investigations Unit to ensure that the set employment standards are not violated. Manitobaâ€™s Workers Recruitment and Protection Act (WRAPA)
The Act deals both in the Recruitment Stage as well as the working stage of the TFWs. The WRAPA is said to be one of its kind of the act which provides protection to the foreign workers in three different stages, which help in the betterment of the standards of the foreign employees and prevent their exploitation. First of all it deals in the certification of registration of foreign worker. Then comes how the foreign workers are protected from the exploitation of the recruiters. And lastly, total protection of the workers in Manitoba. Employer Registration Information:
The employer who wants to acquire any foreign worker in Manitoba will have to first register with the Employment Standards. This requirement of the WRAPA involves the protection of the foreign workers. If any Manitoba employer wants to hire foreign labours then the employers will be required to provide information about their company and the types of positions for which they are recruiting.The employer need to submit an original and valid Certificate of Registration issued by the Manitoba government. Hence, this is the first step towards the Protection of the Foreign Workers. Protection of Foreign Workers from the Recruiters:
For persons engaging in foreign worker recruitment in Manitoba under theWorker Recruitment and Protection Act requires a license from the Employment Standards. If any third party recruits on behalf of the employer then that party must also be registered. The third party recruiter is bound to keep a security deposit, and if it contravene the act then the security is used as a compensation, it may also be a security for the foreign worker who is illegally charged by the recruiter. This Act increases protections for foreign workers and provides the criteria and obligations that recruiters must meet to be approved for a license in Manitoba. Total Protection of Workers in Manitoba:
The Employers are forced to keep a detailed records and if necessary then these records must be provided to the Director of Employment Standards. The Directors have to power to ensure compliance with the act and share information with federal department. By exercising such power the WRAPA protects the TFWâ€™s most effectively. Effectiveness of the Workerâ€™s Recruitment and Protection Act:
Manitobaâ€™s first-of-its-kind Worker Recruitment and Protection Act whichimprove protection for foreign workers wanting to live and work in the province. The significant increase in the use of temporary foreign workers across Canada has highlighted a need for federal and provincial governments to work together to fill gaps in the protection provided to temporary foreign workers. This Act also brings closer to meet the standards of the International Labour Standard Organization for the protection of Temporary Foreign Workers. The act also involves enforcement provisions to ensure employment agencies, recruiter and employers to comply with its requirements. Abuse of Foreign Workers resulting in the â€œSlave-Like Conditionsâ€ in Canada:
There has been recently a growing concern about the expansion of slavery all over the globe. Sources tells that neoliberal globalization has resulted in a decline in workersâ€™ rights and labor protections that leave workers under the condition of slavery. Domestic migrant workers are treated worse than in their own countries, a landmark human rights report has claimed. Human Rights Watch saidthe immigration restrictions made it harder for domestic workers to escape cruelty if they were trapped by abusive employers. Thus resulting in the Slave-Like Conditions of Foreign Workers in Canada. The Canadian Temporary Foreign Workers Program:
Delphine Nakache and Paula Kinoshita have examined the Temporary Foreign Worker Program, in order to determine the Canadian and Albertan approaches in the protection of the foreign work. According to the author the short-term focus of Canadaâ€™s temporary labour migration policy will not help the country realize its long-term labour market needs. They consider three policy perspectives for the temporary foreign workers, according to whether the country of employment:
- Tries to prevent their integration.
- Is indifferent to their future position in society.
- Sees temporary labour migration as an opportunity to integrate the workers.
In order to determine into which policy perspective Canada fits, the authors analyze three important integration mechanisms: employment, family unity and access to permanent residency. Certain recommendation are important in the context:
- The work permit should be restructured for greater mobility of the foreign workers
- To protect workers from abusive practices enforcement mechanisms be used
- Communication should be improved
- To provide workers sufficient workplace training
- The workers should have the power to change the employer
- To introduce a policy for the integration of temporary foreign workers and the public debate about the recent changes in Canadaâ€™s labour migration policy be encouraged.
- The workers should have the liberty to choose in which place they can work.
- Workers must have the right to select which union they want to join and communicate with them.
We can conclude by indicating that the Temporary Foreign Workers Program have certain flaws which needs to be eliminated. Canadian government have created a new labour market that allows foreign workers to get exploited and abused by the employers, which result in the workers to act like slaves, hence which leads to the need for acts that could provide equal rights for both Temporary Foreign Workers and The Canadian Workers. Thus all the workers should be provided with Equal Human Rights. References: The Primary source of my work is from:
Employ Respons Rights J, DOI 10.1007/s10672-014-9249-y Help was also obtained from the following references:
http://canada.metropolis.net/pdfs/Pgs_ODC_Spring09_foreignworker_e.pdf http://web2.gov.mb.ca/laws/statutes/ccsm/w197e.php https://news.gov.mb.ca/news/index.html?item=5214&posted=2009-02-09
http://www.cic.gc.ca/english/pdf/pub/tfw-rights-english.pdf http://www.gov.mb.ca/labour/standards/doc,wrpa-registration_info,factsheet.html http://www.gov.mb.ca/labour/standards/doc,wrpa-license_info,factsheet.html https://www.canada.ca/en/employment-social-development/services/foreign-workers.html#Q01