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my company received Employer compliance system auditing from service Canada

simoncanada

Hero Member
Dec 3, 2015
297
13
my company received Employer compliance system auditing from service Canada

what does it mean

what service canada will be check

doest it harmful for the applicant applied for LMO or work permit extension
 

Conradica

Newbie
Mar 7, 2013
7
0
This is what it says about ECR on Government of Canada official website:

"Employer Compliance Review (ECR)

Employer Compliance Reviews occur as part of the LMIA application assessment process to verify past compliance. On the LMIA application form, returning employers attest to having met TFWP wages, working conditions and occupation requirements for previously employed temporary foreign workers.

Factors reviewed under an Employer Compliance Review

The ECR will review past compliance with respect to program requirements for wages, occupation and working conditions. On December 31, 2013, employer requirements were updated to ensure that foreign workers are:

employed in the "same" occupation (previously “substantially the same” occupation) that was set out in the offer of employment (and confirmed in the positive LMIA letter and annexes); and
provided with wages and working conditions that are substantially the same-but not less favourable than-those set out in the offer of employment (previously “substantially the same wages and working conditions”).

Frequency of Employer Compliance Reviews

As of December 31, 2013, ESDC/Service Canada has authority to review an employer's compliance for up to six years prior to the receipt of the LMIA application.

Expectations of employers during an Employer Compliance Review

When employers re-apply to the TFWP, they may be subject to a document-based review to verify that they have met the three requirements mentioned above (i.e. wages, working conditions and occupation). When this occurs, employers will be asked to provide specific documents to demonstrate that they have complied.

During the ECR, employers will have an opportunity to provide justifications (in accordance with the IRPR) for initial findings of non-compliance and, in specific cases, to take corrective action.

Pending LMIAs may not be finalized until the ECR is completed.

Consequences of non-compliance under an Employer Compliance Review

Employers who have not been able to demonstrate that they have met TFWP requirements will be found non-compliant. Employers found to be non-compliant are subject to:

possible refusal to process for two years from the TFWP and International Mobility Program (IMP);
a negative LMIA being issued for any pending applications; and/or
the revocation of previously-issued LMIAs."


As I understand, ECR is a standard procedure for any company applying for an LMIA which has previously been approved one.
 

Joejo

Star Member
Dec 12, 2015
107
3
My employer had an ECR. SC Integrity dept requested the required documents and other details and gave us 1 month time to submit the docs. We received the letter on 13th May, send the required docs on 30th May and we got a letter from SC on June 2nd that they are satisfied that the employer has complied with all the requirements under TFWP and no further action is required. So it just took 3 weeks for us..
 

Joejo

Star Member
Dec 12, 2015
107
3
Sc integrity dept will mainly verify the employer's compliance with wages, working conditions, employer's active engagement in business and real job responsibilities of the employee.

As far as your employer can provide all the documents requested, it doesn't negatively affect LMIA application and work permit extension. It will not take too long; in our case it took just 3 weeks.