Microsoft: Temp. Foreign Worker Exemption in BC

[WTTG]

Wasn’t it Jason Kenny who said “Canadians will always be first in line for jobs in Canada?”

Well, we guess 'always' doesn't always mean always.

Next thing you know you'll be getting served at your local Tims by an 'earn while you learn' trainee from 'Timbuktoo' who the Government will say doesn't need a LMIA because they'll be going back to work in a Tims in 'Timbuktoo' when they 'graduate.' But I'll be good for the economy.

Foreign workers: Microsoft gets green light from Ottawa for foreign trainees
Tech giant exempted from new rules for finding Canadians to fill jobs

By Louise Elliott, CBC News Posted: Dec 13, 2014 5:00 AM ET Last Updated: Dec 13, 2014 5:00 AM ET

http://www.cbc.ca/news/politics/foreign-workers-microsoft-gets-green-light-from-ottawa-for-foreign-trainees-1.2870289

Microsoft Canada has been granted an exemption to allow it to bring foreign employees to a B.C. training centre under the Temporary Foreign Worker Program. (Ted S. Warren/Associated Press)

The federal government has granted an exemption to Microsoft Canada that will allow the company to bring in an unspecified number of temporary foreign workers to British Columbia as trainees without first looking for Canadians to fill the jobs.

A notice posted on the Citizenship and Immigration Canada website says foreign workers will receive specialized training in a new human resources development centre in the province. The tech giant will not have to perform a labour market impact assessment (LMIA) — a rigorous process that would include a search for Canadians who could fill the positions.

The exemption was granted under a provincial-federal agreement that gives a pass to companies that gain provincial approval.

The Canadian government argues the arrangement is the result of a significant investment by Microsoft that will create jobs for Canadians as well at a new 400-person training centre.

Nevertheless, some legal observers say the decision appears at odds with the government's promise to crack down on abuse in the system in order to protect Canadian jobs.

"There is certainly no justification that I can see that would support granting an exemption to a large number of foreign workers to come into Canada to take away jobs that could easily filled by Canadians," said Toronto immigration lawyer Lorne Waldman.

"On the one hand, the government is telling us they are protecting Canadian jobs; on the other hand they're signing agreements with big corporations in which they're allowing them to bring in foreign workers."

Two-year work permits

The government notice says the new training and development centre will focus on "software and engineering." The centre will add 400 jobs that will "include paid internships for Canadian students and long-term employees," as well as "bring international employees into 18-month rotational training positions."

Temporary Foreign Worker Program exemption for Microsoft
This notice of an exemption for Microsoft under the Temporary Foreign Worker Program was posted on Citizenship and Immigration Canada's website. (CIC)

The notice also says foreign workers will be given 24-month work permits to allow them to stay in Canada "until they are transitioned by Microsoft into a new position elsewhere."

A source familiar with the LMIA process says he's flabbergasted the government would allow the exemption, since it gives Microsoft a significant competitive advantage

The source, who works in immigration law, noted that many other tech companies also offer training but are not being given such an exemption. He said the trainees who come through the centre will not just be learning, they will be "developing product" for the company.

"It's fantastic that Microsoft wants to offer this [training centre], but a lot of companies offer unique opportunities [like this]," he said. "These are jobs in Canada that require work permits, and they could find Canadian graduates from computer science programs to fill them."

In an email, Citizenship and Immigration Canada spokesperson Sonia Lesage said the trainees are not going to be entering the Canadian workforce, and therefore won't be competing with Canadian workers.

"They are employees of a major international corporation who are being sent for training at the Centre of Excellence before moving on to positions at other Microsoft facilities," she wrote.

In a later email, Lesage said the international trainees will enter Canada under the International Mobility Program, while other foreign nationals at the facility "would be subject to all regular rules of the Temporary Foreign Worker Program or International Mobility Program (IMP), depending on their specific situation."

Waldman called this "doublespeak," because the International Mobility Program includes all programs that are exempted from the LMIA process. He said the online notice clearly states the exemption is being made for the Temporary Foreign Worker Program at the request of the province.

And, he added, the exemption sets a precedent.

"There is no other exemption that is specific to a corporation, and it does not fall within any of the other categories where exemptions are normally given," he said. "The effect is to create a new category: the Microsoft Exemption. And, if Microsoft can get one then why not IBM?"

U.S. immigration 'a factor'

Microsoft Canada did not immediately respond to questions about the deal.

But in an interview earlier this year with Bloomberg Businessweek, Karen Jones, Microsoft’s deputy general counsel, said the deal will allow Microsoft to bypass stricter U.S. rules on visas for foreign workers.

"The U.S. laws clearly did not meet our needs. We have to look to other places," she told the wire service. She went on to say Microsoft didn’t choose to expand in Vancouver "purely for immigration purposes, but immigration is a factor."

The source said that means the company will take advantage of rules governing intra-company transfers, which require employees to work for at least one year at a company subsidiary before being transferred to the U.S. He says the result will be a net disadvantage for Canada.

"So we're not getting any long-term benefit here — we're just a turnstile."

But the government argues the training centre will create Canadian jobs where there are none, saying it's "an important and beneficial development" for the country.

"Hosting the Microsoft Centre of Excellence in Canada will also provide training opportunities for Canadians and will create long-term jobs that would not exist otherwise," Lesage wrote.

The department did not indicate how many temporary foreign workers Microsoft intends to bring in each year, but said the number would increase "over time as the facility becomes fully established."

Foreign worker changes

Last June, when Employment and Social Development Minister Jason Kenney tabled reforms to the temporary foreign worker program, he emphasized provinces would not get a free pass when it came to the new rules, despite the longstanding side agreements or annexes that allowed this exemption.

At the time, his department wrote, "Annex agreements with provinces and territories are being changed so that employers that used to bring temporary foreign workers to Canada through these agreements will now be subject to an LMIA."

Kenney announced the overhaul after stories about alleged abuses surfaced in the media.

Since then, Kenney has been under pressure from small business groups, the restaurant and hospitality sector and provincial governments to ease up and once again allow more temporary workers in.

Waldman argues that the fact new Microsoft employees will be trained here means the company can't argue there's a skills shortage that requires them to bring in foreign workers.

"Why can't we have Canadian trainees hired by Microsoft? Why does Microsoft have to bring foreign trainees in to work in Canada without having to prove there aren't Canadians available for the positions?"

[Bsuds]

This morning, in Pakistan, Taliban Minister of Emigration, Mohammad Omar, warned Canada and the United States that if military action against Iraq and Afghanistan continues, Taliban authorities will cut off Canada's and America's only supply of convenience store managers.

And if the action does not yield sufficient results, cab drivers will be next, followed by Visa, Bell, and Rogers customer service reps.

It's getting ugly folks.

[Bsuds]

I don't see it as being any different than coming to Canada to go to University and then returning to where they came from.
Looks to me like it will bring jobs to Canada, not take them away!

[Smurf]

Absolute garbage. The states uses stricter laws to protect their citizens and Canada allows Microsoft to bypass those laws by bringing them in through Canada. At the same time ignoring our own people. Why don't we train our citizens and let them get the jobs that are available. Good on the states, bad on BC & Canada. The only redemption is there will be some jobs for Canadians, maybe. It would be interesting to know how many.

[Smurf]

Bsuds wrote:

I don't see it as being any different than coming to Canada to go to University and then returning to where they came from.
Looks to me like it will bring jobs to Canada, not take them away!

Did you miss this part

The notice also says foreign workers will be given 24-month work permits to allow them to stay in Canada "until they are transitioned by Microsoft into a new position elsewhere."

These should be Canadians getting these jobs. I can't tell for sure if this 24 months is on top of the 18 month training but I'll bet it is.

No they are not taking away jobs unless you consider them getting jobs Canadians could have as taking them away. I personally consider it taking jobs Canadians could, should, have. At the very least right to refusal. Microsoft should have to follow the rules and prove there is no Canadian that wants the training and jobs.

[Bsuds]

That might work if the Canadians are willing to move to work in the Country where MS is hiring and can speak the language, etc
I don't see a problem if they are hiring in Buttcrack Pakistan, or anywhere else and bring them here to train and then return home.

If they were coming here and staying then that's a whole different story.

[WTTG]

I don't see it as being any different than coming to Canada to go to University and then returning to where they came from.
Looks to me like it will bring jobs to Canada, not take them away!

Do universities have to apply for LMIAs in order to bring in international university students? What would the temporary foreign worker program have to do with university students registering for school?

[Bsuds]

Don't students need temporary Visa's/permits to come to school here?
I just don't see much difference.
They are being trained not coming permanently.

[Captain Awesome]

They won't be taking away work from Canadians, so what's the big deal. They're here for extended training and are being sent back once they're done. In fact, it creates jobs as the story mentions.

[WTTG]

Don't students need temporary Visa's/permits to come to school here?
I just don't see much difference.
They are being trained not coming permanently.

Wouldn't that be classified as a student visa?

[WTTG]

They won't be taking away work from Canadians, so what's the big deal. They're here for extended training and are being sent back once they're done. In fact, it creates jobs as the story mentions.

Waldman called this "doublespeak," because the International Mobility Program includes all programs that are exempted from the LMIA process. He said the online notice clearly states the exemption is being made for the Temporary Foreign Worker Program at the request of the province.

If all was routine, why the need for any type of exemption at all?

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

Where can we find the forms for getting one?
We bet our friend in the motel biz would like some 'trainees' too.
As well as the ski hills.
But maybe you have to be a 'blue-chip' traded international corporation.

[maryjane48]

Here we go harper and christy Bending the rules

[WTTG]

Absolute garbage. The states uses stricter laws to protect their citizens and Canada allows Microsoft to bypass those laws by bringing them in through Canada. At the same time ignoring our own people. Why don't we train our citizens and let them get the jobs that are available.

That might work if the Canadians are willing to move to work in the Country where MS is hiring and can speak the language, etc.

One of our offspring went to the States as an international university student. Had to jump through a number of hoops, and was granted a part time job on the university campus, in the field of study, serving faculty and other students to subsidize the tuition--not serving the public. Also, our kids are fluent in three different languages each, and could probably learn more languages if it was required during an 18 month term of studies. Many Canadians know a variety of languages--it's the cultural nature of our country. So we don't think it would be that hard to train Canadians to go into overseas jobs.

Right, Harper and Christie: How about putting a little more thought or communication into this decision.

More questions and concerns here, including a perspective on the US situation as Smurf suggested earlier.

http://www.huffingtonpost.ca/2014/12/13/microsoft-foreign-workers-canada_n_6319244.html

[Smurf]

They come right out and admit they are using us to bypass stricter rules in the US. I'll bet there's lots of young tech types in Canada that would go to the US. This is a pile of crap as far as I can see.

From the article:

But in an interview earlier this year with Bloomberg Businessweek, Karen Jones, Microsoft’s deputy general counsel, said the deal will allow Microsoft to bypass stricter U.S. rules on visas for foreign workers.

"The U.S. laws clearly did not meet our needs. We have to look to other places," she told the wire service. She went on to say Microsoft didn’t choose to expand in Vancouver "purely for immigration purposes, but immigration is a factor."

The source said that means the company will take advantage of rules governing intra-company transfers, which require employees to work for at least one year at a company subsidiary before being transferred to the U.S. He says the result will be a net disadvantage for Canada.

I do not mind foreign workers working here if we need them, but I do not believe this is the case. it is just a loophole they are using. Canadians should get first refusal. If they need a hundred workers for Pakistan offer it Canadians first.

Captain Awesome wrote:

They won't be taking away work from Canadians, so what's the big deal. They're here for extended training and are being sent back once they're done. In fact, it creates jobs as the story mentions.

From the article:

The source, who works in immigration law, noted that many other tech companies also offer training but are not being given such an exemption. He said the trainees who come through the centre will not just be learning, they will be "developing product" for the company.

They are working for the company in Canada for at least 24 months. Who knows what will come up later for them to stay once they are trained company employees. We thought we had a new law that meant Canadians were protected somewhat. It sure didn't take long to get around that. You can already see companies setting up the training. Maybe, maybe not. Wonder what salaries they pay for these trainees to develop product.

[Bsuds]

There is probably no reason why a Canadian with the proper skill sets could not be hired to fill some of these positions.