Pandemic sparks interest in federal program for vulnerable workers

Pandemic sparks interest in federal program for vulnerable workers

July 5, 2021

By Veronica Silva Cusi
The Philippine Reporter

A federal program that aims to protect temporary foreign workers from workplace abuses has gained some interest during the pandemic.

Data from Immigration, Refugee and Citizen Canada (IRCC) indicate that the number of applicants to the program for open work permit (OWP) for vulnerable workers reached more than 1,000 for the full year 2020 compared to 585 for the second half of 2019. The program started in June 2019.

Work Permit (including Extensions) Applications Received for Vulnerable Workers (per person)

Source: Immigration, Refugee and Citizen Canada (IRCC)

“Since June 2019, a foreign worker with an employer-specific work permit has been able to apply for an open work permit if they are being mistreated by their current employer. The open work permit allows them to almost immediately look for new work with a different employer,” the IRCC said in a statement sent to The Philippine Reporter.

Mithi Esguerra, MRCC
program coordinator

Mithi Esguerra, program coordinator of Migrants Resource Centre Canada (MRCC), said in an interview that the OWP program is one of the solutions to help migrant workers get out of abusive and exploitative workplaces.

MRCC is a registered non-profit migrant services institution. It helps empower migrant workers, including the undocumented, through education and training, information and referral, and research and advocacy. It works with service providers for other services, such as legal advice and assistance. Since MRCC is based in the GTA, most of their temporary worker clients are the undocumented and caregivers, but they also have a few farm worker clients and other temporary workers outside the GTA.

Esguerra said that the pandemic has raised awareness among vulnerable workers about the precariousness of their jobs.

“Somehow, there was recognition from the part of the government that migrant workers are even more vulnerable in this pandemic,” said Esguerra. “Yung mga employers nagagamit nilang dahilan ang (Employers use the) pandemic to exert more control on their workers.”

A report by Migrant Rights Network (MRN), a coalition of groups advocating for migrant rights, released in fall 2020 alleged that caregivers were abused and exploited in workplaces. For the 201 workers who participated in the survey, 40 per cent said they worked long extra hours during the pandemic but were not paid.

Ironically, due to COVID-19 Esguerra noted that TFWs have come to learn more about the program, and the approval processing timeline was surprisingly quick — a positive approval in five business days for a Filipina caregiver they have assisted.
Due to COVID-19, IRCC has instructed its officers to expedite applications “on an urgent basis (5 business days from the time the application is received at the local IRCC office responsible for processing the application).”

Approvals have also increased during the pandemic. For full year 2020, there were 583 applications approved. As of April 30, 2021, there were already 300 applications approved compared to 250 when the program started in June 2019.

Work Permits (including Extensions) Issued for Vulnerable Workers

Source: Immigration, Refugee and Citizen Canada (IRCC)

Esguerra said that applying for the OWP for vulnerable workers reduces the risk that temporary workers will run out of time to get a valid work permit before their temporary work permit expires and they lose status. If temporary workers simply quit their jobs, they might need to get another employer to get them another work permit. And this employer will need to go through the process of getting a Labour Market Impact Assessment (LMIA) before they could hire a temporary worker. There is no telling how soon a positive LMIA can be obtained by the employers.

A positive LMIA means there is no Canadian who can do the job of the TFW.

An OWP for vulnerable workers is valid for one year and allows the TFW to work in any industry or sector.

However, Esguerra also noted that the program is not attractive to kababayans when presented with the option. She attributed this to the Filipino attitude of being “matiisin.” Kababayans would rather stay with an abusive employer than complain to make sure that they can remit to their families back in the Philippines.

Caregivers, for their part, do not want a break in their service to be able to complete the requirements to apply for permanent residency. Caregivers have a path to permanent residency and can apply soon as they complete 24 months of equivalent work.

Others are discouraged from the process in applying for an open work permit. The challenge: collating evidence of abuse.

Just to sit down to write how the abuse happened, and to gather evidence, such as witness statements from co-workers, are too taxing for temporary workers, Esguerra said of the feedback they get from clients whenever the option is suggested.
There was even a group of farm workers who opted instead to quit their jobs than go through the application process, she added.

But even if a TFWs gets an OWP, which allows them to continue earning income, they would revert to a closed work permit after finding another employer.

“It doesn’t seem logical,” said Esguerra. “After getting the OWP [good only for one year and getting a new employer], they have to go back again to a closed work permit which puts them back in a vulnerable position again.” All migrant workers are vulnerable due to the temporariness of their work status, she added.

“The way the OWP for vulnerable workers [program] is framed [suggests] that the worker is only vulnerable if they are in that situation with that specific employer,” said Esguerra. “The temporary worker status and work being industry-specific are the cause of vulnerability. All TFWs are vulnerable, and the way vulnerability was defined … [in the program] is too narrow. Why not just give OWP to all migrant workers because they are all vulnerable?”

While she recognized government efforts to help protect TFWs in precarious situations, she said they are short-sighted.
“They look at one element only but not the whole situation,” she said.
In Budget 2021, the government has earmarked $6.3 million over three years, starting in 2021‒2022, for IRCC, “to support faster processing and improved service delivery of the OWP for vulnerable workers.”