Canada welcomes temporary foreign workers (TFWs) as crucial contributors to its economy, but it’s essential for these workers to be aware of their rights and protections under Canadian law. Whether you’re new to the country or considering a move, understanding your employment rights is crucial for ensuring a fair and safe working environment.
Your Rights as a Temporary Foreign Worker
In Canada, TFWs are entitled to the same rights and protections as Canadian citizens and permanent residents. These rights are safeguarded by federal and provincial laws, ensuring that all workers are treated fairly and with respect. Here’s what you need to know:
- Employment Agreement: On or before your first day of work, your employer must provide a signed copy of your employment agreement. This document should be in English or French, outlining your job role, wages, and working conditions as stated in your offer. Both you and your employer must sign this agreement, which serves as a legal contract for your employment.
- Fair Compensation: Your employer is obligated to pay you according to the terms outlined in your agreement. This includes overtime pay if it is part of your employment contract. They must also avoid any unjust deductions from your wages, including for private health insurance or housing costs (unless specified and agreed upon in your contract).
- Safe and Healthy Work Environment: You have the right to a workplace free of unsafe conditions and abuse. Employers are required to provide necessary safety training and protective equipment. If you feel your work is unsafe, you can refuse to perform it without fear of retaliation. Your employer must address any reported dangers promptly.
- Health Care Access: While waiting for provincial or territorial health insurance coverage, your employer must provide private health insurance that covers emergency medical care. You don’t need permission to seek medical care, and you can see a healthcare provider without your employer being present. If you’re injured or become ill at work, your employer should assist you in accessing medical services, but they are not obligated to pay for your transportation to healthcare facilities.
- Abuse and Mistreatment: Employers must ensure a workplace free of abuse, which includes physical, psychological, or financial harm. Abuses such as physical violence, sexual harassment, or withholding of your passport are illegal. If you experience or witness abuse, it’s crucial to report it. You can contact the Service Canada confidential tip line at 1-866-602-9448 or seek immediate help from local authorities if needed.
- Termination and Employment Insurance: If your job is terminated without
- notice, your employer must provide termination pay based on the duration of your employment and the relevant provincial laws. If you lose your job through no fault of your own or due to abusive conditions, you may qualify for Employment Insurance (EI) benefits.
- Changing Employers: If you wish to change employers, you may need a new work permit, depending on your current status. Ensure that your new employer has obtained the necessary Labour Market Impact Assessment (LMIA) to hire you. For agricultural workers under the Seasonal Agricultural Worker Program (SAWP), job changes might be simpler, but still require adherence to program rules.
Getting Help and Reporting Issues
If you encounter issues or need assistance, various resources are available:
- Service Canada: For reporting abuses, unsafe working conditions, or employment issues, you can contact Service Canada’s confidential tip line at 1-866-602-9448. They offer support in multiple languages and can guide you through the process of reporting and seeking help.
- Support Organizations: Across Canada, numerous organizations provide support to migrant workers. For example, the Community Airport Newcomers Network in British Columbia and Polycultural Immigrant and Community Services in Ontario offer orientation and support. You can find local support organizations through the Atlantic Region Association of Immigrant Serving Agencies (ARAISA) or the Association for New Canadians (ANC) in Newfoundland and Labrador.
As a temporary foreign worker in Canada, knowing and asserting your employment rights is vital for ensuring a fair and positive work experience. By understanding your rights, staying informed, and seeking assistance when needed, you can protect yourself and enjoy a successful and fulfilling stay in Canada. If you face any difficulties, don’t hesitate to book a consultation today.