HR LR Newsletter - June 2019 Edition

June 2019

ISSUE 6

HR

NEWS LETTER

HR Insights Welcome to SARC’s Human Resources and Labour Relations Newsletter.

Join SARC Consultants each quarter as we explore topics important to managing employees and HR/LR risk.

Useful Tools and Tips Inside you’ll find articles from professionals in the Human Resources and Labour Relations fields.

Year Two, Second Edition: Employing Newcomers to Canada and International Students In this sixth issue of HR LR Insights, our consultants discuss how you can accommodate certain language barriers among permanent and temporary staff in your workplace.

CONTENTS

This issue focuses on accommodating international students and recent immigrants in the workplace, including: • Assessing Language Proficiency • How to Determine When an International Student is Authorized to Work • How to Navigate Second Languages at Work

About the Consultants

SARC has Labour Relations and Human Resources Consultants on staff to assist with your LR/HR needs.

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Marrion Wolff - Labour Relations

Nicole Fritz - Human Resources

Marrion can assist SARC’s Regular and Associate Members with a variety of LR/HR issues, including progressive discipline, performance management, and duty to accommodate for unionized and nonunionized organizations. She can also provide specific support in collective bargaining for unionized organizations. Accessing this service is free of charge and can minimize organizational risk. Having a quick check-in or a review done before decisions are made can save you time and money in the end.

Our HR Consultant is available to assist SARC’s Regular and Associate Members who would like to have additional expertise on a variety of HR topics.

Whether you have an internal HR professional or not, organizations can contact Nicole for best practices in the sector to strengthen your workforce. Areas of service include recruitment and retention, organizational structure analysis and workforce planning, job descriptions, HR policies and procedures, compensation and total rewards, and succession planning.

HR/LR Insights

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Assessing Language Proficiency

by Marrion Wolff, Labour Relations Consultant Should this be an option, be sure to include the requirement in the job description and the posting. There are numerous tests available either from private companies or websites, such as: https://www.ilsenglish.com/ quicklinks/test-your-english-level.

O

ur workplaces are becoming a melting pot of different nationalities and people from every region of the world.

They bring with them a wonderful blend of new ideas and traditions; however, they may also bring a challenge to workplace communication if they are not proficient in English. We can learn a lot about a prospective employee during the interview, but we may not be able to determine how proficient they are in reading and writing English simply through conversation.

This of course is an important skill in our sector when you consider the medical information we deal with, and the administering of medication, just to name a few. This is not a new problem for employers and others have created solutions that we can apply to our workplaces.

Employers can consider preemployment testing as part of their hiring process.

Employers can use these computerized tests to provide some assessment of the applicant’s English skills.

The tests can be conducted at the time interviews are being held so that the information is available before a position is offered.

If your prospective employee is a newcomer to Canada, they will likely have completed the test used by Immigration Canada that is much more comprehensive.

This is The Canadian English Language Proficiency Index Program (CELPIP) Test and it is a recognized computer-delivered English language assessment tool. The CELPIP Test uses the English commonly spoken in Canada. It is used for providing proof of English language proficiency for immigration to Canada or for Canadian citizenship. Applicants can provide the test scores to employers as proof of proficiency in English and it may be all the assessment you will

need. These scores include testing in listening, reading, writing, and speaking English and, as a result, are much more thorough than simply a written English test. There are up to 12 levels of English proficiency, and you will need to determine what level is necessary for work in your organization. For example, Level 9 is described as “Effective proficiency in workplace and community contexts”, and is likely appropriate as an acceptable level needed in most workplaces. For more information go to: https://www.celpip.ca/.

Keep in mind It is far more difficult to rectify a situation of inadequate English proficiency after a person has been hired.

The problem often won’t become apparent until the language barrier has had a negative impact on your business. Implementing some type of testing can help ensure your employees have the basic skills in English needed to be successful in your workplace.

June 2019

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How to Determine When an International Student is Authorized to Work

By Scott Bell, Partner with MLT Aikins

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or many employers in the community services sector, international student workers can be quite common.

It is important that employers utilizing this foreign worker category have a strong understanding of the conditions and compliance obligations that apply. Given the strict criteria that must be met for an international student to work in Canada without a work permit, it can be easy to fall into an unauthorized work situation.

International students are a common employment group because of the limited restrictions imposed on their employment. In most cases when an employer is seeking to hire a foreign worker, the employer must first go through a series of complicated government submissions and approvals to secure the ability to obtain a work permit. This process conducted by the employer can be time consuming and costly, limiting the desire to seek out foreign workers for positions.

When successful, it also results in a closed employer specific work permit that can only be used for employment with that employer in that limited position. This creates strict limits on that foreign worker's labour mobility.

The international student category is different. In many cases international students are already in Canada on valid study permits. A valid study permit can allow for part-time and full-time work off-campus. This allowance for work on a study permit is work permit exempt under the Immigration

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HR/LR Insights

and Refugee Protection Regulations. As there are very limited restrictions on the international student’s labour mobility, it makes them a key pool of labour for employers.

It is very common to see international students applying for positions throughout Canada in the community services sector.

Although international student employment appears to be very open and unrestricted, there are strict criteria that determine when they can work off-campus in a part-time or full-time capacity. Employers must check and make sure international student hires meet these criteria before employment begins. A failure to properly check criteria could result in the employment of an unauthorized foreign worker, which is an employer offence under the Immigration and Refugee Protection Act. This type of offence can result in fines of $10,000 to $50,000 and imprisonment of six months to two years in severe cases.

For an international student to work in any capacity offcampus they must have a valid study permit.

That valid study permit must not have any conditions restricting off-campus work. Although it is uncommon, it is possible a study permit may have a restriction regarding off-campus work.

The international student must be a full-time student at a designated learning institution.

A designated learning institution is a school approved by a provincial or territorial government to host foreign students.

If they are only enrolled in a part-time program, they are not authorized to work.

The foreign student must be enrolled in a postsecondary academic, vocational, or professional

training program that is at least six months in length and leads to a degree, diploma, or certificate.

Not all study programs at various designated learning institutions will meet this criterion. Further, the foreign student must start the study program before they are considered authorized to work.

Holding a valid study permit alone is not enough to qualify an international student for off-campus work. All the criteria indicated must be met. As a result, employers must gather copies of the valid study permit and confirmation of enrollment from the designated learning institution before work commences. These documents need to be reviewed to verify that all the required criteria are met.

It is important to note that off-campus employment must immediately stop when one of the criteria are no longer met by the international student. For example, if the student was to stop actively pursuing their study program, they would need to immediately stop work. This can be difficult for employers as they may not know that one of the criteria that allowed for work initially is no longer being met. Employers should consider conducting regular due diligence checks to verify the continuing ability to work.

The general criteria above are applicable if any form of work will occur off-campus. There are additional criteria that apply when determining whether an international student can work part-time or full-time.

During the regular school semester or programing, an international student can generally only work 20 hours a week part-time (refer to the study permit for any differences). This condition is imposed to ensure foreign students are pursuing their studies and do not get too focused on work. This only provides for 20 hours of parttime work a week total, not per employer. Any hour of work past 20 hours a week would be considered unauthorized work. For this reason, it is important that employers strictly track the hours of part-time international students and ensure they do not exceed the 20 hour a week allowance.

International students can be employed full-time, but only during scheduled academic breaks from the regular school semester or programing. A good example would be the

Summer and Winter breaks experienced by many university students. Determining what is a regular scheduled academic break can be tricky and employers may need to consult with the designated learning institution. If the study program does not have scheduled academic breaks, then the international student can only work within the parttime rules. There would be no ability for full-time work.

If there are scheduled academic breaks, full-time work can begin at the start of the break and must end when the study program resumes its regular schedule. Fulltime work can only occur when the international student is returning to their full-time study program after the scheduled academic break. This means that a student who has completed their course work or is not returning to their studies cannot work full-time during the break. The only exemption to this is when a student is returning after the break to part-time studies to complete the last semester of their study program and a full course load is not required.

When properly utilized, international students can help any organization fill various labour shortages. Although that is the case, employers must understand the work criteria that applies and are actively verifying they are met. A failure to do so may result in significant compliance problems for the employer and the international student. If an employer is unsure whether an international student candidate is authorized to work, they should seek further legal advice.  

Scott has advised various employers and individuals with regard to federal immigration applications, including work permits, Labour Market Impact Assessments, Free Trade Agreement exemptions and permanent residency. He also has experience with applications made through the Saskatchewan Immigrant Nominee Program (SINP) and other Provincial Nomination Programs. A primary focus of his practice is in relation to advising employers on the management of temporary foreign workers and immigration legislation compliance.

June 2019

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How to Navigate Second Languages at Work

by Nicole Fritz, HR Consultant

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n employee is walking into the staff lunch room, or another common area, and they hear conversation and laughter.

As they approach closer, they realize the group is speaking a different language. We’ve all encountered situations like this, maybe not necessarily at work, but listening to conversations in other languages is common in the diverse world we live in today. But . . . . is there anything wrong with that?

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his has become a common question in today’s workplace. Google “co-workers speaking another language” and you’ll come across a myriad of articles discussing the pro’s and con’s, as well as countless opinions from commentators regarding the etiquette of such conversations. So how about some advice from closer to home?

Saskatchewan has always been a community; it doesn’t matter if you live in Saskatoon or Moosomin, Regina or Ile a la Cross, or anywhere in between for that matter! This has always been a place where we smiled at our neighbour, said hello to a passerby on the street, or held the door for the person behind us heading into the mall. Maybe that’s why we feel alienated or left out when we can’t be involved in a conversation or hear the latest about what’s happening?

What’s the Big Deal?

If a staff member comes to you with this concern, we need to help them get to the root of the issue. The first question we can have them ask themselves is, “Why does this bother me?” Here are some thoughts that could come to mind when someone encounters this situation: “Could they be talking about me?” “Are they saying mean things about me?” “Do they secretly all hate me?” Sound familiar?

If this is where their mind wanders, we definitely need to put the brakes on! Have them see things from the others’ perspective. Run through a visualizing exercise with them;

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HR/LR Insights

have them imagine being in another country (I like to imagine the Riviera Maya, with the beautiful beaches and warm ocean breezes! Although, this being Canada, it may be easier to imagine they’re in Quebec). They’ve gone to a restaurant for lunch and their Spanish (or French) is still mediocre, at best. They try to get through ordering when the server says, “No worries, I speak English!” Imagine the relief that one can fall back into their native tongue without having to think about every single word before it comes out of their mouth. Now have them think back to those co-workers, enjoying their lunch and laughing easily with others that speak the same language. Chances are good they aren’t talking about their co-worker (as awesome as we know they are!). It’s more likely that they simply eased back into their first language.

Now for that etiquette angle I’ve heard many people comment on how rude they believe it to be when those around them are speaking a different language; they feel they are purposefully being excluded.

Going back to the Mexico example (or Quebec), if they were on an extended vacation and always working on speaking that second language, how easy would it be to go back to English, even just for a lunch? Maybe someone at the next table also speaks English and now they’ve joined in a lively conversation. Would they stop to survey the room? Did they take the time to notice that the other person at the

Navigating Second Languages, cont. next table hasn’t said a word since they started talking to their lunch partner? The majority of us have grown up in a community where everyone speaks the same language; it’s just not in our DNA to ask if others are comfortable with the language being spoken. Much like my scenario, I’m confident in saying their co-workers are likely just enjoying the ease of conversing in their first language.

So, when is speaking another language an issue?

From a business perspective, your workforce needs to be able to communicate in order to do their jobs effectively.

If employees are conducting work in another language, it can cause problems for anyone else who may need to be involved in the process. We strive to make our work places inclusive of everyone, and sometimes that means having everyone speaking the same language (and on the same page!).

There can also be safety concerns when it comes to speaking alternate languages – imagine someone calls something in another language down the hall in a coworkers direction. Since they don’t understand the language, they assume the communication is directed at someone else, so they continue on their way out the door.

Unfortunately, the co-worker was trying to tell them not to use that door as painting is being completed outside, and now they’re left standing with a bucket of paint on their head! It’s a silly example, but I think it highlights my point.

As someone in a position of leadership, there are instances where it’s okay to ask employees to speak in the main language of the workplace (provided there are legitimate business reasons to necessitate the request).

Sadly, bad behaviour can play a part in this subject. We never want to assume someone is speaking another language in order to put down their co-workers or their job without others knowing, but it can happen. Before jumping to this conclusion, we’ll want to make sure all other explanations have been exhausted and verified our suspicions with evidence. Next, it’s good practice to talk with the LR Consultant or HR Consultant at SARC to get

some tailored advice on what the next steps will be; there’s never a one-size-fits-all solution!

Keeping Things Positive If a member of your staff comes across this situation and doesn’t want to be left out, simply suggest they try asking to join the conversation. If these are co-workers they are social with during work hours, I’m sure they’d be happy to have them join in the conversation. Alternatively, they could ask to learn some phrases in the other language – you never know when you may have to ask where the bathroom is in another language (it’s the only French I remember from school, but I’ll never be lost for a toilet if I’m in Quebec).

Remember that it’s not always easy to speak another language (I’ve been told English is one of the hardest to learn as a second language). If you’ve ever seen the blooper reel for Rush Hour 2 with Jackie Chan and Chris Tucker, you’ll remember how difficult it was for Chris to say 3 lines in Chinese! Employees need to cut their co-workers some slack; breaks are a time to relax and if falling back to their first language helps, why not let them?

I remember working in the mall when I was younger and a French speaking customer came up with what seemed to be a very important question. My French was sorely lacking, but thankfully, my co-worker was fluent. It turned out the woman had been separated from her child. My co-worker was able to help her out, translate for guest services, and help find the child. Speaking other languages can have some amazing benefits in the workplace, one of which being the increased ability to serve people who speak those other languages. As long as conversations are respectful and considerate of others, the language one speaks shouldn’t be an issue.

Diversity is an amazing thing; by surrounding ourselves with people that offer different opinions and perspectives, we can learn and grow far more than sticking with only those who are similar to us.

“The whole is greater than the sum of its parts.” – Aristotle

June 2019

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SARC MEMBERS HAVE PROFESSIONALLY TRAINED STAFF DELIVERING SERVICES TAILORED FOR EACH PERSON

“We trust the staff and their desire to give Ty the best life possible.

We are impressed and thankful for the efforts to get Ty and others out into the community and participating in activities and events.�

- Paul and Colleen Nicholson, Family Members

SUPPORTS YOU CAN TRUST To learn more, visit: www.sarcsarcan.ca/members

Me m b e r s

SARC Member Poster - May 10.indd 2

SARC MEMBERS SUPPORT PEOPLE TO LIVE THE LIVES THEY WANT

“It’s a great place to be; it’s where I belong. I get to be with warm hearted people. I can write stories there. People at the organization help to do the things on my MAP – I go on trips with friends; I volunteer at the Clothes Basket and now at the Food Bank.�

- Lacey Arlt, Supported by a SARC Member

SUPPORTS MADE FOR YOU To learn more, visit: www.sarcsarcan.ca/members

Me m b e r s

5/10/2019 2:02:48 PM

Our SARC Members web page has been rebranded! Check out our new web page and promotional video at: www.sarcsarcan.ca/members

Our Careers webpage has gotten a rebrand!

While it has a new look and different features, the goal remains the same—to help job seekers find meaningful employment at a Member near them.

Job seekers are able to upload their resume straight to the web page so that a Member in their location with an opening will be notified of the interested candidate.

Check out our new video to learn more!