Temporary foreign workers (TFWs) in Canada have legal rights and protections under federal and provincial laws. Employers must follow these laws to ensure fair treatment and a safe work environment. Here’s what you need to know:
1. Right to a Legal Work Permit
- TFWs must have a valid work permit issued by Immigration, Refugees and Citizenship Canada (IRCC).
- Employers cannot make workers pay for their job offer, work permit, or recruitment fees.
2. Right to Fair Wages and Working Conditions
- Employers must pay wages that meet or exceed the wage stated in the job offer.
- Workers have the right to overtime pay, paid breaks, and days off according to provincial labor laws.
- Employers cannot deduct wages unfairly or force workers to do unpaid work.
3. Right to a Safe Workplace
- Employers must provide a safe and healthy work environment.
- Workers have the right to refuse unsafe work without punishment.
- Employers must provide protective equipment and proper training.
4. Right to Health Care and Benefits
- TFWs may qualify for provincial health coverage or employer-provided insurance.
- Workers under the Temporary Foreign Worker Program (TFWP) must have private health insurance if not covered by the province.
5. Right to Keep Personal Documents
- Employers cannot take or hold a worker’s passport, work permit, or ID documents.
- Workers should keep copies of their employment contract and immigration papers.
6. Right to Change Employers
- TFWs cannot be forced to stay with an employer.
- Some work permits allow workers to change jobs without applying for a new permit.
- Workers on a closed work permit must apply for a new work permit to switch employers.
7. Right to Be Free from Abuse
- Employers cannot abuse, threaten, or force workers to do anything illegal.
- Abuse includes physical, emotional, financial, or sexual mistreatment.
- Workers facing abuse can apply for an open work permit for vulnerable workers to leave their employer.
8. Right to Join a Union
- TFWs in certain industries (e.g., agriculture, hospitality, manufacturing) can join a union for workplace protection.
- Employers cannot retaliate against workers for unionizing.
9. Right to Access Legal Help
- TFWs can report employer violations to provincial labor authorities.
- Workers cannot be deported for filing complaints about unfair treatment.
- Free legal aid services are available in some provinces.