The Government of Quebec has published revised regulations regarding personnel placement agencies and temporary foreign worker recruitment agencies. These revisions were published in November 2019, and they are effective from January 1st, 2020. The regulations feature a variety of changes, with the primary focus being on the close monitoring of the agencies in Quebec.
This is not to suggest any form of malice on the part of any placement agency in Montreal, but to streamline their operations and ensure that they are in compliance with acceptable labor practices, especially when it comes to the hiring and treatment of temporary workers in the country.
Under the new guidelines, personnel placement and recruitment agencies dealing with temporary foreign workers will be compelled to have a permit before they can operate in Quebec. If there are agencies providing other services, they will have to apply for a permit between the 1st of January and the 14th of February if they are to continue operating legally in the province.
CNESST is the body issuing the permits and the body tasked with ensuring compliance to labor standards in the province. It will be responsible for managing the permit system, and also for monitoring employers to ensure full compliance with all the relevant regulations and guidelines.
Major Changes to the Guidelines
The newly published regulations have introduced a raft of changes in the recruitment and temporary workers’ landscapes, and all the relevant agencies have to adhere, or they may risk losing their operational licenses. Some of the changes include:
Fair and equitable working conditions
According to the new rules, all agency workers, as well as temporary foreign workers, must work under fair and equitable conditions that will make it possible for them to have a positive work experience. Should the agency workers or the temporary foreign workers feel that the conditions they are being subjected to are not fair and equitable, they are free to report the agency and proper investigations will be done. If the agency is found liable, then they may risk losing their operational license.
New Definitions for Agencies
The regulations have also given new definitions for personal placement agencies and temporary foreign worker recruitment agencies.
According to the new definitions, a personnel placement agency is a person, partnership or entity that has at least one activity that consists of offering personnel leasing services by providing employees to a client enterprise to meet its labor needs.
A temporary foreign worker recruitment Montreal agency on the other hand, is a person, partnership or other entity that has at least one activity consisting of offering services for recruitment of temporary foreign workers for a client enterprise or in assisting the enterprise in its efforts to recruit such workers.
The above definitions are broad and they may be applicable to self-employed persons or corporations that offer at least one activity that is subject to the regulations.
The Obligation to Obtain a License
According to the new regulations, any personnel placement agency or temporary foreign worker recruitment agency must obtain an agency license for them to operate legally in the Province of Quebec. This means that any person, entity or partnership interested in undertaking these operations will have to make an application to the CNESST.
Obligations of the Personnel Placement Agency
For personnel placement agencies or recruiting agencies in Montreal, the regulations stipulate that the agency must provide the employee assigned to a client enterprise a document that describes in detail all the prevailing working conditions. Some of the things that should be clearly mentioned in the document include the name and contact details of the enterprise and the wage offered. The employee must also be given documents prepared by the CNESST that contains information on labor matters.
The rules also stipulate that every agency keeps for at least six years all the contracts entered with its enterprise clientele and all the invoices relevant to those contracts. Regarding employees, the agency is obligated to relay all the information relating to the total number of hours worked per day, and per week for the same duration.
Finally, the regulations also assert that no personnel placement agency can charge an employee with assignments of the client enterprise. As such, it is the responsibility of the client enterprise to pay such fees.
Temporary foreign worker recruitment agencies share similar obligations as those of the personnel placement agencies, only that they must have an immigration consultant or someone with similar capacity who will be tasked with the duty of assisting, representing or advising the enterprise with matters dealing with an immigration application.
The temporary foreign worker recruitment agency doesn’t have the ability to change any fees to a temporary foreign worker for his job except for those authorized by a Canadian government program. The fees are likely to be the responsibility of the client enterprise.
Security and the Powers of CNESST to Revoke or Suspend Licenses
It is vital for all agencies as well as those working with them to read these new regulations and guidelines by CNESST since they came into force on the 1st of January, 2020. To see if you meet the requirements of obtaining a license, it is recommended that you consult a labor attorney so that you don’t compromise your chances of getting the license.
Yott Personnel is a recruitment agency that always works in accordance with all work-related rules and regulations mandated by CNESST, which is why our clients are 100% satisfied with the services provided. By choosing us as a partner for your personnel recruitment, you won’t take any risks, because we are an experienced placement agency that respects all regulations and has delivered honest and transparent services, for over 45 years.