The Green Card Waiver is a crucial document in Canadian employment law that addresses the specific requirements and obligations related to employing foreign workers in Canada. This document is typically used when organizations hire foreign nationals and need to establish clear documentation of immigration status requirements, compliance obligations, and related employment conditions. It serves as a protective measure for both employers and employees by clearly outlining responsibilities regarding immigration status maintenance, reporting requirements, and potential implications for employment. The document is designed to comply with Canadian federal immigration laws, including the Immigration and Refugee Protection Act, while also considering applicable provincial legislation. It's particularly important for organizations that regularly employ foreign workers or are expanding their international workforce in Canada.
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1. Parties: Identification of the employer and the foreign worker, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of the waiver
3. Definitions: Key terms used throughout the document, including immigration-specific terminology
4. Immigration Status Acknowledgment: Worker's confirmation of understanding their current immigration status and obligations
5. Employment Terms Reference: Reference to the separate employment agreement and confirmation that employment is subject to maintaining valid immigration status
6. Compliance Obligations: Outline of both parties' obligations to maintain immigration compliance
7. Documentation Requirements: List of required documents and maintenance of immigration status requirements
8. Notification Requirements: Worker's obligation to notify employer of any changes in immigration status
9. Termination Provisions: Circumstances under which the employment relationship may be terminated due to immigration status issues
10. Governing Law: Specification that the agreement is governed by Canadian law and applicable provincial legislation
1. Confidentiality Provisions: Additional provisions regarding the handling of sensitive information, recommended when dealing with sensitive corporate information
2. Return Travel Arrangements: Details about travel arrangements upon employment termination, recommended for positions involving relocation
3. Language Proficiency: Acknowledgment of language requirements and proficiency levels, needed when language skills are crucial for the position
4. Provincial Nominee Program Reference: Special provisions related to provincial nomination, required when the employment is connected to a PNP application
5. Family Members Status: Provisions regarding accompanying family members, needed when the worker has dependents
1. Schedule A - Immigration Document Checklist: Comprehensive list of required immigration documents and their renewal deadlines
2. Schedule B - Contact Information: Emergency contacts and relevant government office contact information
3. Schedule C - Compliance Documentation: Forms and templates for ongoing immigration compliance reporting
4. Appendix 1 - Rights and Obligations Summary: Summary of key rights and obligations under Canadian immigration law
5. Appendix 2 - Provincial Requirements: Additional requirements specific to the province of employment
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