Temporary Foreign Workers in Canada Know Your Rights

Temporary Foreign Workers in Canada | Know Your Rights!

Michael Zimmer Published:
March 16, 2023

Foreign nationals who are working in Canada on temporary basis have certain rights that are protected by law, and their employers are obligated to comply with these rights. Failure to do so can result in legal consequences. Canada has broad human rights policies that apply not only to its citizens but also to foreign workers who are temporarily present in the country.

Foreign workers in Canada are entitled to the same legal rights and protection as Canadian citizens and permanent residents, whether they are working under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). This means that employers are legally obligated to comply with the regulations and safeguards established by these programs, and failure to do so can result in legal consequences.

The rights of foreign workers can be categorized into two parts: firstly, what actions employers are required to take to comply with program and legal standards, and secondly, what actions employers are prohibited from taking to maintain compliance.

What Are the Responsibilities of Your Employer?

As per the guidelines of Immigration Refugees and Citizenship Canada (IRCC), it is mandatory for your employer to inform of about your rights as an employee, which includes but is not limited to:

Being paid for the work you do, as outlined in your employment agreement. This includes overtime if it is part of your agreement.
Working in an environment that is free from abuse, including retaliation for reporting any issues.
Receiving a signed copy of your employment agreement before or on your first day of work.
Your employer must comply with the employment and recruitment standards of the province or territory where you work.
If you are injured or become ill at work, your employer must take reasonable action to provide you with access to healthcare.
Your employer is responsible for providing you with the necessary training to do your job safely, including training on any equipment or machinery you will be using, as well as supplying you with any protective equipment needed.
Your employer is also responsible for providing you with reasonable healthcare services if you are injured or become ill while working.

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What Are The Strict Don’ts For Your Employer?

Just like the requirements under TFWP and IMP, employers are also obligated to avoid certain actions. For instance, your employer is not allowed to:

Taking away your passport and/or your travel document.
Forcing you to work when you are ill or injured.
Compelling you to perform work that is unsafe or beyond the scope of your employment agreement.
Pressuring or coercing you to work overtime that is not specified in your employment agreement.
Requiring you to repay any recruitment-related fees that they paid to hire you.
Retaliating against you for reporting abuse, unsafe work conditions, inadequate housing, or for cooperating with a government inspection.
Deporting you from Canada or altering your immigration status.

Legal Action Against Violating Employers

In case your employer is discovered to have failed to comply with the regulations of TFWP and IMP, they will face legal consequences. If your employer is found responsible for a violation after December 1st, 2015, they will:

They will receive a warning from IRCC.
They will be subject to fines of up to $100,000 per infringement, up to a maximum of $1 million per year.
Their company name and address, along with details of the infringement and its consequences, will be published on the IRCC website.
Previously issued Labour Market Impact Assessments (LMIAs), which are required before hiring a foreign worker in Canada, may be suspended, or revoked.

The employer may be disqualified from the TFWP or IMP and barred from re-joining these programs.

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How Can I Report Employer Violations?

In case your employer is discovered to have violated TFWP and IMP regulations, it is advisable to report them to the appropriate authorities. You can do so by utilizing the confidential tip line of Service Canada at +1-866-602-9448.

This service is available in more than 200 languages and is designed to support foreign workers. Alternatively, you can fill out an online form for reporting non-compliance.

There are several organizations in Canada that provide support to migrant workers. If you are a foreign worker in Canada and need assistance, you can reach out to the following organizations:

The TFW Hub or Community Support Services of the Calgary Catholic Immigration Society if you work in Alberta, Saskatchewan, or Manitoba.
Community Airport Newcomers Network or MOSAIC if you work in British Columbia.
Travailleurs Etrangers Temporaires if you work in Quebec.
KAIROS Canada if you work in Ontario, Nova Scotia, or Prince Edward Island.

Check if you are eligible for Express Entry

Contact us today to know if you qualify to migrate to Canada. Check out Owlspriority Immigration’s Canada Settlement Resources to learn about finding employment in Canada, making your initial days stress-free, etc.