In order to legally employ foreign workers for jobs in Canada, there are several types of documents that must be acquired and approved. The number and types of documents required in order to hire a foreign worker will depend on what type of work a prospective employer is hiring for, the type of education needed, and where the potential employee is from. In this article, we will take a look at some of the different documents employers may need and go into some of the job specific documents as well.

Labour Market Opinion

The labour market opinion document is one that must be filled out by all employers of foreign workers, from agricultural workers right up to government employees, doctors, and other highly skilled professions. Essentially, this document seeks to guarantee that by hiring people from other countries to fill the position, that no Canadians are denied a job opportunity.

In order to make sure of this, the labour market opinion document establishes that positions in the industry for which the employer is hiring demonstrate a definite dearth when it comes to employees; in other words, positions that need to be filled have a history of remaining vacant, to the detriment of the employer. If this can be demonstrated, the government will allow the hiring of foreign labour.

Job Specific Documents

Some jobs require specific paper work to be filled out. Typically these jobs have come under fire in Canada for either not taking proper care of the workers in question or putting vulnerable Canadians at risk. Here are two examples for which job specific documents must be obtained:

Seasonal agricultural workers

Live in Caregivers for children (nannies)

In addition, employers looking to fill a position that would usually require a high school diploma or job specific training must fill out an employer-employee contract.

Region specific documents

Finally, in the case of seasonal agricultural workers, it is important to note that there are specific documents needed for workers from different areas. Specifically, workers from the Caribbean or Mexico must have a document specifying such in the hands of an employer.

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The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.

The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:

BANK FRAUD Whoever knowingly executes, or attempts to execute, a scheme or artifice 1) to defraud a financial institution; or 2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.

FALSE STATEMENTS The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):

False Statements to a Financial Institution Whoever knowingly 1) Makes a false statement, or overvalues any property 2) For the purpose of influencing an anyway 3) The action of a financial institution shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for Bank fraud” as well as other white collar offenses. For more information, visit http://www.teakelllaw.com.

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What happens if we don’t sign a Partnership Agreement?

In the absence of a written agreement, the provisions of the 1890 Partnership Act will apply. In essence, these state that all the partners are equal and share profits, losses, start-up and running costs as well as the workload equally. Whilst the provisions are intended to provide an equitable framework for running your business, in reality, there are significant implications. For example;

- all partners will be entitled to share the profits equally regardless of how much capital, effort or skill they bring into the business

- any partner can bring the partnership to an end just by giving notice to all the other partners and the partnership will automatically dissolve if a partner dies

- all partners will be jointly and severally liable for the liabilities incurred by the company. This means that if one partner takes on a commitment and fails to deliver on it, you will be equally liable to remedy the situation. And if a debt cannot be paid, then the creditor may pursue each of you individually, meaning that one of you may be forced into the position of paying the whole debt by yourself

- should a partner get into financial difficulties then his or her creditors can take assets from the partnership to settle them

- all partners will be considered “agents” of the business and so can act on behalf of the other partners. This means an individual may enter into contractual and financial arrangements which are not good for the business, but these will be binding

- all partners have an equal say in the business, which means that it can take time to reach decisions. Unresolved disputes may result in the break down of the business.

What benefits will a Partnership Agreement offer?

A partnership agreement will provide a written structure for your business clearly setting out each partner’s responsibilities, rights, profit/liability sharing, rules relating to business entry and exit, and also the terms on which disputes are resolved and the partnership can be terminated. Carefully drafted, it will ensure that you have a common vision for the business with mutually agreed goals. Critically, it will help avoid costly misunderstandings and conflict.

Key areas to cover in your partnership agreement include:

a) ownership interests, taking into account any cash, assets, loans or investments made by individual partners

b} salaries and compensation: how will profits or losses be allocated?

c} how the partnership will be managed

d) each partner’s specific responsibilities within the business, and what level of performance is expected from them

e) whether partners expected to make a full-time commitment to the venture, or are permitted involvement in other business activities

f) what processes should be followed if one partner wants to leave the partnership or a new partner is admitted

g) whether partners will be allowed to sell their interests in the business to outsiders and, if so, how will their share be valued

h) on what grounds a partner can be expelled from the partnership (e.g. misconduct, non-performance of duties)

How do I put a Partnership Agreement in place?

While there are many internet sites offering seemingly cheap pro forma partnership agreements, this can be a false economy for several reasons:

1) there are three different kinds of partnership: general partnerships, limited liability partnerships and limited partnerships – you need to be sure that you set up the appropriate vehicle for your needs;

2) no two partnerships will be alike in terms of specific requirements;

3. you are unlikely to reach amicable consensus on an agreement without involving an impartial third party advisor;

4) without using a solicitor, you can’t be sure that the agreement complies with partnership laws.

A better way to save money is to do some preparation before instructing your solicitor: get together with your partners and compile a list of provisions that you wish to include in your partnership agreement. Your solicitor will then have a good starting point from which to clarify your requirements and draft a suitable agreement. However, since one lawyer cannot represent the interests of all partners, each partner will need to instruct their own solicitor to review the final document on their behalf.

Tags: business, law, business+law, partnership

Ask yourself this

Is the business covered?

Do I know everything I should?

Do I have Asbestos in my building (Asbestos dust the silent killer)

What affects the business and employees?

Is my business service user-friendly to persons with disabilities?

Would I be prepared to let the company be “named and shamed” through failings that could easily be avoided?

Central Safety Consultancy Services Limited (CSCS) is a customer-focused organisation providing a range of services designed to assist clients fulfil their duties under current legislation.

We would anticipate that our fee proposals will not be matched by any other provider offering a similar service. However, we would suggest that our fee is not of prime importance when considering our appointment.

What is important is that your organisation recieves quality advice on becoming compliant with health and safety legislation.

We take pride in the fact that for many of the projects for which we have been commissioned we have been able to use our knowledge and expertise to enable organisations achieve their strategic goals whether that would be legal compliance or best practice but more importantly help to achieve them..

Simply put – sensible advice at sensible cost.

Do yourself a favour. Resolve today that before this year ends you will get you health and safety checked. Ensure you are on the right side of the law.

Why delay? For a review of your present health and safety performance, contact CSCS for your FREE, no obligation initial health and safety survey.

Whatever your safety requirements, we are always on hand to answer any query you may have.

If you require any further information on health and safety issues why not send email to info@centralsafetyconsultancy.co.uk and one of our team will contact you shortly.

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Tags: business, law, business+law

• KEY #1 – Have A Written Sexual Harassment Policy

All employers should have a written sexual harassment policy, which at a minimum provides: What sexual harassment is; sets forth a mechanism for reporting it; states that all complaints will be promptly and thoroughly investigated, and that if a violation is found, that prompt and effective remedial action will be taken.

• KEY #2 – Communicate the Policy

It does no good to merely have a sexual harassment policy that is sitting gathering dust in the Human Resources department or in an employee handbook, the policy must be communicated to all of the employees. It should be distributed to employees at the time of hire, explained to them, and have them sign acknowledging receipt and agreeing to abide by it. It should be posted on the wall and where appropriate, translated into Spanish. It should be discussed at meetings. Most important, it should be enforced and taken seriously whenever a complaint is made, so that employees will feel comfortable using it.

• KEY #3 – Provide Training For Your Seminars

Under a new law, AB 1825, California now requires all employees with 50 or more employees to provide a minimum of two (2) hours of sexual harassment prevention training to their supervisors.

While it is not required for employers with less than fifty (50) employees, it still is an excellent idea, since it improves employee morale by preventing problems in the first place; teaches supervisors how to nip the problems in the bud; and if an employer is ever sued, the first question that they will be asked is: “What have you done to train your supervisors about sexual harassment prevention?” The employer can respond by providing the attendance sign-in sheet from the training seminar.

I provide training to bring employers into compliance with the new law, and to protect them from costly lawsuits. First, I check their existing policy to make sure that it is adequate, or I draft a policy for them if they don’t have one. Then I go out and meet with the managers on site. I define sexual harassment for them, and go through some hypothetical scenarios with them, so they understand what is and is not acceptable behavior in the workplace. Then I go over their policy with them, have them sign off that they have read it, understand it, and will be bound by it. I tell them that if they violate the policy, it may cost them their jobs.

I provide additional tips on preventing sexual harassment at my website: www.sexualharassmentprevention.net/sexual.jsp.

Tags: business, law, business+law