Temporary foreign workers (TFWs) play a crucial role in Canada’s economy, contributing to industries such as agriculture, healthcare, hospitality, and construction. If you are coming to Canada as a temporary worker, it is important to understand your rights to ensure fair treatment and protection under Canadian labor laws.
1. Right to a Signed Employment Agreement
Before starting a job, you must receive a written employment contract that outlines your wages, working hours, job duties, and other conditions. Your employer cannot change these conditions without your consent.
2. Right to Fair Wages
Temporary foreign workers must be paid at least the minimum wage set by the province or territory where they work. Employers must also pay workers for overtime, as per provincial labor laws. Employers cannot deduct wages unfairly or withhold payments.
3. Right to a Safe Workplace
Employers must provide a safe and healthy work environment. This includes:
- Proper safety equipment and training
- Protection from workplace hazards
- The right to refuse unsafe work without fear of punishment
If a worker is injured on the job, they have access to workers’ compensation benefits and medical care.
4. Right to Keep Personal Documents
Employers cannot take away or keep a worker’s passport, work permit, or other personal documents. This is illegal and should be reported to authorities if it happens.
5. Right to Access Healthcare
Most temporary workers in Canada are eligible for provincial healthcare services if they work for an extended period. If healthcare is not provided immediately, workers should have private medical insurance, usually covered by the employer.
6. Right to a Workplace Free from Abuse and Discrimination
Workers are protected from:
- Physical, verbal, and sexual abuse
- Discrimination based on race, gender, religion, or nationality
- Retaliation for speaking up about unfair treatment
If abuse occurs, workers can contact organizations like the Employment and Social Development Canada (ESDC) or local worker advocacy groups for help.
7. Right to Leave an Abusive Workplace
If a worker faces exploitation or abuse, they may be eligible for an open work permit for vulnerable workers, which allows them to leave their employer and work elsewhere in Canada.
8. Right to Maternity and Parental Benefits
Temporary workers who meet the eligibility criteria under Employment Insurance (EI) can receive maternity and parental leave benefits. Workers must have accumulated enough insurable working hours to qualify.
9. Right to Join a Union
Temporary foreign workers have the right to join a union and participate in collective bargaining to improve wages and working conditions.
10. Right to Seek Help Without Fear
Workers can report mistreatment, workplace violations, or illegal practices to authorities such as:
- Employment and Social Development Canada (ESDC)
- Provincial labor boards
- The Canadian Border Services Agency (CBSA) in cases of severe abuse
Workers have legal protection against employer retaliation for reporting issues.