What Do We Owe Our Guest Workers?
Debate rises over how to lower abuse, and whether to make staying easier.
'If they are good enough to work here...'
"You're good enough to work here for a while, but now go home."
The latest batch of more than 175,000 foreign temporary workers in Canada can expect to hear that message. It's the deal. We get workers we need to make our economy function better. They get pay and a limited taste of life in a nation regularly voted one of the world's best places to live.
Lately though, disagreement is growing over whether or not this social contract is fair or in need of reform.
The Harper government appears to consider it a problem that too many guest workers wish to stay. Government proposals have been floated that would make it tougher for those who enter Canada on temporary work permits to apply for permanent landed immigrant status.
But a recently released research paper by the Montreal-based Institute for Research on Public Policy focuses instead on evidence that temporary guest workers are too easily abused while in Canada.
Federal Auditor General Sheila Fraser made headlines with similar concerns in the fall.
The Auditor General and the IRPP researchers were echoing many advocates for immigrants, refugees and temporary workers, who have portrayed Canada's programs as too often plagued by fraudulent labor brokers, abusive employers and cumbersome, inefficient government bureaucracies.
Meanwhile, one union, through collective bargaining, has made it possible for more foreign temporary workers to settle in Canada.
'Disposable' workers?
In 2009, Canada admitted about two-thirds as many temporary workers on short term visas as it did regular immigrants who will be allowed to remain in Canada for life. Last year, there were 252,124 new immigrants admitted to Canada, and 178,640 temporary workers.
Brought to Canada under a number of programs, temporary foreign workers pick Canadian crops, serve as nannies and elder-care aids, flip burgers and work on infrastructure and office building construction projects, to name just a few of the niches in the country's economy that are filled by these "disposable workers."
Canadians were briefly reminded of the plight facing these often invisible workers on Christmas Eve in Toronto last year, when Alexander Bondorev, Aleksey Blumberg, Fayzulla Fazilov and Vladimir Korostin, all in Canada under Temporary Foreign Worker Program visas, fell 13 stories to their to their deaths from a collapsing scaffold on a construction project where they were apparently working without safety harnesses or proper safety training.
With the exception of a few highly skilled workers at the top of the job market, most temporary workers are expected to pack up and return home once their job is completed.
For farm workers here under the Seasonal Agricultural Worker Program, the short stay in Canada is more than just an expectation. Unlike other temporary workers, the people here under the SAWP are not eligible to apply for immigrant status at all.
When should they be able to stay?
The United Food and Commercial Workers union, which operates nine projects across Canada to aid, support and organize agricultural workers -- who increasingly are brought to Canada from the global south under temporary visas -- has long argued that any temporary worker who completes two years in Canadian agriculture should be eligible to apply for permanent status.
Now the independent scholars at Research in Public Policy have argued that even in the non-agricultural sectors where it is theoretically possible for temporary workers to attain permanent status in Canada, most lower-skilled workers are effectively denied such paths to economic integration.
The Montreal-based researchers note that: "In the field of employment, there is a discrepancy between policy and practice in regard to temporary foreign workers' rights. A significant factor is the restrictive nature of the work permit (temporary foreign workers are often tied to one job, one employer and one location), which can have the practical effect of limiting their employment rights and protections. Other problems include illegal recruitment practices, misinformation about migration opportunities and lack of enforcement mechanisms. In the context of employment, Canada seems indifferent to temporary foreign workers' future position in society."
Last November, the Auditor General told Parliament that flaws in the current system for temporary foreign workers create "risks to program integrity and could leave many foreign workers in a vulnerable position, particularly those who are physically or linguistically isolated from the general community or are unaware of their rights."
Changes by the Harper government
Early this year, Federal Minister of Citizenship, Immigration, and Multiculturalism Jason Kenney introduced changes in regulation that were designed to address "rising concerns for the fair treatment of those entering Canada under the Temporary Foreign Worker Program."
The changes would allow for more investigation into whether jobs proposed for temporary foreign workers are genuine, and impose mild penalties of exclusion for a few years from access to the visa granting programs against employers found to have paid egregiously low wages or provided low quality working conditions for temporary workers. The names of firms so excluded would be made public.
In a key provision, the new regulations would hold that any temporary foreign worker who had worked in Canada for four years would be denied access to further Canadian work for the following six years. So, while the new regulations might catch a few bad actors on the employer side, it will more significantly impose limits on temporary workers building up a history of extended work in Canada.
These limits will not apply to high-skill workers such as NAFTA Professionals and Intra Company transfer employees.
This reinforces a bias in favor of high skill workers, critics say -- a bias noted by the IRPP researchers.
'Abolish these programs': immigrant advocate
At least one migrant worker advocacy group told The Tyee that attempts to reform temporary foreign worker programs are doomed to fail. Harsha Walia, who speaks for the group No One Is Illegal said that abuse of temporary workers cannot be ended by "tweaking the system with small changes."
"The abuses are inherent in the temporary nature of the permission to stay in Canada. Tweaking the program just perpetuates the injustice. These programs can't be reformed. They need to be abolished," she said.
Walia told The Tyee that when all programs that bring temporary workers into Canada are taken into account, 2008 and 2009 saw more temporary workers admitted to Canada than permanent immigrants.
That assertion has been contested in an article published by the conservative-leaning Canada West think tank.
The Tyee contacted the Department of Human Resources and Skills Development to ask for clarification on these contested statistics and for comment on claims the current Canadian system is unfair to temporary workers. HRSDC referred our questions to Citizenship and Immigration Canada but media spokespeople for that government body did not make themselves available for comment before this story was filed.
Collective bargaining to stay in Canada
Short of the kind of total transformation of the system that No One is Illegal and other worker advocates hope for, some temporary workers in Canada are getting help from the United Food and Commercial Workers, the largest private sector union in the country.
Early this year, UFCW workers at a Maple Leaf plant in Brandon, Manitoba won a new contract that included language requiring the employer to process all the necessary paperwork leading to permanent residency status of all migrant worker members pursuant to the Foreign Worker Provincial Nominee Program.
The PNP is one of the only routes available for lower skilled temporary foreign workers who hope to apply for landed immigrant status, and one that involves a daunting volume of complex paperwork.
The new contract will help make the Temporary Foreign Worker program "a permanent immigration program which places the migrant worker at the front of the immigration line as a result of union negotiations," according to a UFCW release.
Another union victory that has implications for temporary foreign workers was won at the BC Labour Relations Board, which ruled this April in favor of the more than 70 temporary foreign workers who had voted to certify the UFCW to represent them last year. The ballot box had been sealed for some time due to legal appeals launched by the employer, a B.C. nursery firm, Sidhu and Sons, based in Mission.
The ruling makes Sidhu the second bargaining unit made up of temporary foreign workers represented in B.C. agriculture by the UFCW local 1518. The first bargaining unit, whose contract was ratified in September 2009, is Floralia Growers near Abbotsford.
"These victories show that we are ready," Lucy Luna, an organizer at the UFCW sponsored Agricultural Workers Alliance store-front office in the Fraser Valley told The Tyee. "Sidhu was a great victory, and we will keep organizing. We want workers to have union representation and we want farm workers to be able to stay in Canada once they are brought here under the SAWP.
"If they are good enough to work here," she adds, "they are good enough to stay." ![]()




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jimorsheryl
1 year ago
Give Them Full Benefits
If they are paying their taxes and are contributing to the EI and CPP programs as is their employer.
They should be entitled to the same benefits as any other worker.
Van Isle
1 year ago
This whole business of
This whole business of 'guest workers' is down right shamefull. Our two governments show their true colours; pimps for companies who allow abuse to their guest workers.
audreylaferriere
1 year ago
temporary foreign workers
We do not need temporary foreign workers. What we need is politicians who listen to the people rather than paid organizations that speak for the farm owners. A few years ago I tried to get a job blueberry picking. I was featured in the Province (front page) over this issue and not one farmer or agency called me to work. We have tens of thousands of people who are citizens of BC that need temporary work and yet they can't get it. What in hell is wrong out there.
cboo44
1 year ago
Is this "News" or "Opinion" ?
So, 175,000 TEMPORARY workers come in and work for fixed periods of time, then, once here they want to "jump the cue" and stay, ahead of other prospective immigrants who are following due process and are being screened for suitability?
Adding an entirely DIFFERENT issue of work abuse doesn't make cue-jumping RIGHT.
Seems to me that the big, bad government is bringing in legislation that is ENFORCEABLE rather than some knee-jerk reactionary stuff that looks good on paper but is impossible to enact in practical terms.
I know "advocates" are really big on symbolism these days, but I'll take practical, enforceable solutions, thanks.
Jerry Munro
1 year ago
Everyone who stands still for it...
"We have tens of thousands of people who are citizens of BC that need temporary work and yet they can't get it. What in hell is wrong out there."
Did bourgeois democracy actually work for the working class, and were trade unions/ the labour movement actually effective and not in the hip pocket of the system and its ruling class, all workers would be paid decent and actually livable wages, and guaranteed health, retirement and other benefits. Or there would be a rising of the working class already underway now. But all are corrupted and/or sucking the dry tit of the so-called "free market", and/or of a slave mindset.
The moral code of capitalism that it is every man, woman and child for his or herself it the ruling ideology and morality, for all the fine words dripping with hypocrisy from time to time, from those who serve the system.(Politicians and the various priesthoods, including that of Big Labour.)
But then, of course, our own poor would then be won to "picking our table crops" and the foreign workers would have absolutely no value to the ruling class. They are here, whether they know it or not in their own desperation, to act as a low wage threat to domestic/home labour.
And I don't really blame these foreign folks, though neither do I feel any particular respect for them, for they have to know why they are here and the role they are serving, at some level. (But then, neither do we give a particular rat's ass for what is happening to them in their countries either. The working class has lost its sense of Solidarity, international or at home.) They're being used in this way is just the way capitalism works. It's a criminal system that uses and abuses everyone who will stand still for it.
yeliabmit
1 year ago
Queue-jumpers and the temporization of workers
As an immigration lawyer, I can confirm that the "queue-jumping" rhetoric used by anti-immigration interest groups doesn't exist. There isn't a big line of people waiting for permanent resident status that you can just barge into; people apply under various classes, and their applications are considered according to the resources available. If the processing time is 18 months, then it will take 18 months. Certainly, if you're fortunate enough to be rich, then you can possibly apply under the Investor class (where the processing times are shorter) but other than that, you just have to wait like everyone else, whether you're in Canada or not.
In my opinion, temporary workers should always have a means to apply for permanent resident status. Right now most low-skilled workers don't have many -- or any -- options, and have to keep rolling over their temporary status hoping for a chance to find an employer that is willing to lay out thousands of dollars to keep them around -- and even then there's no guarantee. The proposed changes to temporary worker status presently being discussed by the Federal government will operate to ensure that low-skilled workers will be even more tempted to just go "underground", because the proposed cap of four years on temporary worker status won't be coming with a way for people to become permanent if that's what they want. You would have to work pretty hard not to see this as a deliberate attempt to drive low-skilled workers out of status and into the abusive and manipulative hands of unscrupulous employers. For what other reason would you single out low-skilled workers for such unfair treatment?
RickW
1 year ago
cboo44
And what do you mean by "suitability"? About the only reason we don't want these people as citizens is because we'd then have to pay them as citizens, instead of "guest workers".
Marysue52
1 year ago
Guest workers? My ass!
These are not guests, people! They are scabs, pure and simple. They may not realize that they are scabs, by taking Canadians' jobs, but they are. They are not taking jobs Canadians won't do, for in my long years of work experience, I have found that there is no job Canadians are unwilling to do. We just want to be paid a liveable wage for doing them. (We're funny that way.) Our heating bills are higher here; cost of living is higher. We resent being laid off while some 3rd world workers come here and take our jobs, (or take jobs at lower rates of pay to undermine our wages). These scabs send their paycheques back to their overpopulated countries (where birth control is needed!). NOT FAIR! Meanwhile the corporate skanks that hired these unwitting scabs are raking in profits and overpaying their CEOs obscenely, to boot. To hell with this noise!
RickW
1 year ago
Marysue52
Don't blame the "scabs". Blame those who hire them - and the government policy that allows "scabs" to be hired.
Jerry Munro
1 year ago
A Rose or Scab by Any Other Name...
"I have found that there is no job Canadians are unwilling to do. We just want to be paid a livable wage for doing them. (We're funny that way.) "
I agree with Marysue52, frankly.
As for the issue of these people being scabs, unfortunately, these "guest worker" folks fall within that definition, in my working class-centric view, and are being used for "scab" purposes. And when scabs make their choice to allow themselves to be used as such, and to take the food out of the mouths of others, however difficult their own circumstances may be or not, they have to accept the natural resentment and hostile reactions of the working class in this country. Folks are going to get pissed, and rightly so.
It is regrettable, and it is the "free market" system of capitalism that is entirely responsible for it, no doubt. But people also share culpability for their own actions, when they choose to be a scab, again from a working class interests perspective, regardless of legalities or otherwise.
And, of course, there are those who profit, and/or whose livelihoods are served by this "guest worker/scab" system... such as capitalists and lawyers. And make no mistake, this is going on all over the world right now, from Dubai, to Amerika, to Canada. It is one of the results of the Neoconazi/Conservative period.
It needs to be stopped.
Time folks. Time to rise up against all forms of scabism in the work place, including this one.
alive
1 year ago
who wants those jobs?
How many canadians are willing to go pick fruit in season, live in temporary housing and work long hours away from home?
There is such a thing as a work-culture that most canadians are lacking! It goes like this: you work your best and you get paid.
It is not about hanging out around the watercooler or playing solitaire on the company computer, it is about an honest effort, yes SWEAT even.
My experience has been that money does not make anyone more inclined to give his/her best.
I argue that folks who work should get paid decently and have all the support a country can give, no matter where they originate from; but it requires an effort and that is what makes Canada a backwater country
But the BS that canadian jobs go missing is off the mark, the simple fact is that for instance farm workers are in short supply because it is not fancy enough to satisfy us
RickW
1 year ago
BC Tree Fruit Industry is Dying
http://www2.canada.com/victoriatimescolonist/news/comment/story.html?id=02670a43-632f-4263-8ddf-faf5b8935d03
So-called "scabs" are only an offshoot of the real problem, which successive governments in BC and Canada have either failed to foresee in their haste to spend billions, or have deliberately ignored.
For instance, in the scenario presented in the link, if the Okanagan tree fruit industry was put in jeopardy by the Columbia River Treaty, then the farmers at the time of the signing should be getting a chunk of the income that BC is making off the Treaty, to compensate their losses. That they are not is called "externalizing costs"
http://en.wikipedia.org/wiki/Cost_externalizing
So, do those posters here advocate putting BC tree fruit farmers out of business - because of government propensities for "externalizing costs" - because they either lack the foresite or just plain don't give a damn - because their voter base in turn just don't give a damn where their fruit comes from?
Jerry Munro
1 year ago
alive, apologists and the living dead...
"My experience has been that money does not make anyone more inclined to give his/her best."
In which case the salaries, share options and bonuses ad infinitum which the public tolerates for CEOs that head up major corporations. to say nothing of the coupon clipped profit shares that go to the top 1% ruling class, need to be serious cut. Big time!!!
Which you will support of course, alive, to make available to the lower orders, because all this super wealth is wasted on them. They will work for the corporate interest just as well, even if they can't afford so much as a razor blade or a pair of new shiny boots. They will show up and give their best everyday, just the same, and honestly... because they have the "free market" work ethic.
It sure as hell made a difference to me when I was working. And I actually worked in agriculture for a fair number of years, where workers came and went like changes in the wind direction. And the reason the many ever moved on is... you guessed it, they were never paid enough to give them any incentive to stay until the job was done, let along give their loyalty. And we stole everything we could lay our hands on and get away with. And the very first whiff they got that somebody else was paying better or the hours were better, the smart ones were gone.
It was only the poorest, least educated, and most vulnerable (alcoholics for example), the trapped, or those with no citizenship who had no choice... which the employers loved of course. They seek these people out... in other countries if need be.
It's always easy to pick out the folks that don't know jack about the real world of work, especially nearer the bottom end of the class spectrum of capitalism. Which is where there's always lots of poor to replace what the wind takes.
The users and abusers of capitalism talk very much like they were actually alive. They seek to rationalize it, but they really don't give a rat's ass. They are the true living dead.
Fii
1 year ago
The root of most problems
MarySuu52 said it: "Where birth control is needed." Waaaaaaaaay too many people on this planet. It's so depressing.....
Jerry Munro
1 year ago
Wayyyy too many people....
"Waaaaaaaaay too many people on this planet. It's so depressing.." writes Fii.
And yet "the West", including this country as declared by Harper recently in world forums, echoing the "all male priesthoods" of the Catholic Church, and other extremist religious groups and rightists, block all birth control technology, abortion protection rights, and information being made available to these burgeoning populations and poor populations of the world..
Why?
The want precisely this situation for the reasons that are apparent in their practise, regardless of the pious and concerned statements on motherhood and the rights of women. They clearly want these parts of the world exploding with population, to continue a state of their poverty and vulnerability, in order to steal their resources at "desperation" prices and slave labour conditions. Judging from their policies rather than their words, they want that their mouths will be there to consume our shit, and when they finally flee, (we call it immigration etc), as they are in record numbers as never before. their desperation and cheap labour can be used as a threat to the demands of the working class of the "advanced countries", creating what is growing here as well; a race to the bottom. This is the situation that exists in fact, and the ruling classes of the West, to any serious and objective observer, carefully practise policies that feed and nourish this state of affairs, including support for those regimes that oppress their own people (Thailand) and keep them in religious ignorance and states of dependency.
The real root of the problem however, as KWD so often says here, and to me in correspondence, is only apparently "birth control" etc. The real problem is in the way all, or at least the great masses of people currently "think". They fail to understand why they think the way the do, where their ideas come from and how to change them in a new and radical direction that will transform the old and continuing global/social reality.
There is a desperate need for far fewer "victims" and "slaves" in their conditioned thinking, and more revolutionaries... willing and prepared to be "activists" and take control of their individual and social lives.
The unfortunate greater likelihood, looking from this point in history and human development however, is that a great global "extinction" tragedy or series of environmental tragedies will happen first. It seems that folks will have to be looking directly down the barrel of such, before they act and change direction on the scale necessary to head it off.
I hope myself, but I am not really, at this point, that really optimistic either.