Canadian HR Reporter

January 27, 2014

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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10 NEWS January 27, 2014 CANADIAN HR REPORTER Employers don't have to move to attract talent LOCATION < pg. 1 associate vice-president of global mobility at Roevin Technical People, a division of Adecco Canada in Edmonton. "There are different acceptance levels across the country in terms of what's considered acceptable or not acceptable amounts of commuting," she said. "So what is acceptable perhaps in Ontario or in the (Greater Toronto Area) would certainly never be acceptable in, say, Calgary or Edmonton." Commute times must be an important consideration in employers' real estate decisions, said McAllan, and we're seeing the effects of this as ever more highrise buildings crop up across the downtown skylines of Canada's major metropolises. "If we don't build the right thing in the right place, companies won't lease it because they know they're going to pay a price with their employees," he said. "It's quite an interesting evolution for employers because they now have to ask themselves far more questions when they're making space decisions." Amenities are also something to consider when making space decisions, found the survey. "(Amenities) are certainly a very good selling point for people to be able to run their errands during their lunch hours or get to places quickly at the end of work, but there's only so many companies that can work in an area like that," said Predy. "Daycare is often a big issue… if you had that closer by, that's always a good selling point. But no one wants to travel an hour-anda-half home with their child in the car either, so I think it's a combination of location and amenities in that case." Compensating for a less-than-perfect location But before you rush out and sign the lease on a new office building, it's important to take a critical look at how commute times are actually affecting recruitment, said Alan Saks, professor of human resources management at the University of Toronto Centre for Industrial Relations and Human Resources. "The first issue an organization has to consider is, is it a problem to begin with — is it even an issue? Because it may not be. If it is an issue, then that's something that you probably would want to consider to some extent in your recruitment approach." It can be difficult to tell how much of an impact commute times have on the recruitment process, since it's impossible to isolate them from other factors. "The reality is all else usually isn't held constant," said Saks. "So if an applicant is pursuing a number of jobs and they have more than one job offer, they're going to look at the whole pool of things… and say, 'Well, I get more money here even though the commute's a little longer, and I have more opportunities for advancement and training and development and it's more what I want, then I'll take that job even without the great commute time.'" That's encouraging for employers that are stuck in a less-thandesirable location and can instead focus their recruitment strategy on other assets employees are looking for, said Saks. "From a recruitment perspective, if the organization knows commute time might be an issue, then what you want to do is play up the other attributes of the job — especially if you know that those are important to your applicant pool," he said. "The point is for the organiza- tion to focus on all the things they have to offer." And even if commute time remains an issue, focus on ways to mitigate the negative effects. "If you know that (commute time) is a problem, do something to lessen the extent to which it's onerous to applicants," said Saks. "So, for example, if you offer some type of work-at-home opportunity, telecommuting or perhaps flexible work hours… there are all these things from a recruitment perspective that you can do to lessen any negativity that might be associated with a longer commute time." Collaborative space reflects desirable culture The physical space, layout and setup of an office can also send a strong, immediate message about an organization's culture, according to McAllan. "The progressive employers are looking at their premises and saying, 'What's the message I want to send to my current and future workforce?'" he said. "If you have offices that are all private offices without any glass and everybody works with their door closed and there's no breakout areas, no collaborative areas, well that tells you something about the organization." This indicates a generational shift, said McAllan, as many of the younger survey respondents wanted collaborative workspace. "We certainly see that the younger generation was looking for more ability to have collaborative workspaces, working with a team towards the same goal," he said. "There's a recognition that one's work area affects culture. And 10, 15 years ago, we didn't even talk about culture. Now, there's a realization of the importance of culture in workplace satisfaction, productivity, all of those things — and space contributes to culture." Another generational issue is creating a space that's environmentally sustainable, said McAllan. "Employers are more and more realizing they need to be in properties that are run to high sustainable standards because their employees want it. They practise sustainability at home and they want to practise it at the workplace." Predy agreed. "Definitely with younger job seekers, they're very keyed into how their job is going to affect the environment." Changes to TFWP REFORMS < pg. 1 victions will be included in the program's operational guidelines as examples of unsafe workplace environments. "Reports that the latest regulations weaken protections of temporary foreign workers are incorrect," said a statement released by Employment and Social Development Canada. "The final regulations are as effective as the draft regulations since they will prevent those who create unsafe work environments from accessing the Temporary Foreign Worker Program. This standard is expected to catch the same number of abusive situations (as) the draft regulations." The statement went on to clarify that employers engaging in serious criminal activity such as human trafficking, sexual assault or conduct leading to the death of an employee are "by definition" creating an unsafe work environment and will not be allowed to apply for workers under the TFWP. MacEwen said the amended regulations are acceptable in theory but she fears a continued lack of enforcement makes them moot. "The regulations say that em- ployers have to make a reasonable effort to provide safe workplaces for their temporary foreign workers. The problem is, is what constitutes reasonable effort hasn't been laid out yet, so we don't know what that means," she said. "We also don't know what enforcement of those guidelines will be like. At this point, it's something that looks very good but doesn't mean a whole lot for temporary foreign workers." These workers are in an especially vulnerable position because their presence in Canada relies completely on their employment, said Larry Hubich, president of the Saskatchewan Federation of Labour (SFL). Complaints are rarely raised by them for fear of being fired, and with very little representation — union or otherwise — temporary foreign workers are largely left without a voice. "The TFWP creates a vulnerable underclass of workers," said Hubich. "The Band-Aids that they're putting on this program don't adequately address that problem." While removing the clause concerning criminal charges from the regulations and placing it instead in the guidelines may have been a decision related to efficiency, it could also indicate the government is making an effort to be more flexible towards employers with criminal records, said MacEwen. CFIB critical of program Dan Kelly, president of the Canadian Federation of Independent Business (CFIB) and a critic of the government's changes to the TFWP, disagrees the recent amendment is part of a plan to water down the program. "We've been very, very opposed to the overall government reforms to the TFW program," he said. "I've referred to that as the worst decision the Harper government has made since it took office. But if somebody is misusing the program, I don't have any problem with there being strong consequences." The clause regarding a reasonable effort to provide a safe workplace should have been the government's starting point for reforms to the program, said Kelly. The addition of significant new fees and paperwork requirements makes the TFWP more difficult to access for small businesses, he said, and does less to protect tem- Credit: Chris Wattie (Reuters) The Canadian Federation of Independent Business says that, overall, the reforms made by Prime Minister Stephen Harper to the Temporary Foreign Worker Program have been the "worst decision" his government has made. porary foreign workers than regulations requiring a safe workplace and allowing for timely responses to abuse. Amendments to the TFWP were first announced in Canada's Economic Action Plan 2013. Regulatory and administrative changes were introduced that will give the government authority to conduct inspections to make sure employers are meeting the conditions of the program, strengthen criteria for assessing Labour Market Opinion (LMO) applications and give the government authority to revoke or refuse to process work permits when necessary. The changes, including the most recent amendments, came into effect on Dec. 31. More on the TFWP changes For more detailed information on the changes to the Temporary Foreign Worker Program and what they mean for employers, look for expanded coverage in the next issue (Feb. 10) of Canadian HR Reporter.

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