It is the right of every Canadian to enjoy human rights, even when they are temporarily working in Canada. By entering Canada through either Canada’s Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP), the main pathways for foreign workers to enter the country, foreign nationals are granted the same rights and protections as citizens and permanent residents.
Moreover, foreign workers must be protected under the TFWP and IMP, which means that their employers must comply or risk legal action. Law is in charge of defending these rights.
Canada’s temporary foreign worker – Understanding your rights
Employers must comply with regulations and laws to protect the rights of foreign workers, and they cannot comply with regulations and laws to protect them.
How should my employer fulfill their obligations with regard to my rights?
Your employer must comply with IRCC requirements as follows:
- Information pertaining to your rights.
- A signed copy of the employment agreement before or on your first day of work.
- Payment for your work in accordance with the terms outlined in your employment agreement, including any overtime pay that may be specified.
- An employer who makes reasonable efforts to prevent harassment and retribution at work.
- Employers must adhere to the employment and recruitment regulations in their provinces and territories.
- Ensure that you receive proper training on how to safely perform your job duties, which includes training on the safe operation of equipment or machinery, as well as providing necessary protective gear and supplies.
- When you are injured or ill while working, ensure you have access to healthcare.
- Offer reasonable healthcare services if you sustain an injury or fall ill while at work.
What are the things that my employer is prohibited from doing, as per my rights?
Additionally, employers must observe certain prohibitions under TFWP and IMP, just like the requirements.
If your employer does any of the following, it is prohibited:
- Compel you to perform work that is either hazardous or beyond the scope of the duties specified in your employment agreement.
- Oblige you to work if you are unwell or injured.
- Exert pressure or coerce you into working beyond the scope of the overtime hours specified in your employment agreement.
- Penalize you for reporting mistreatment, unsafe working conditions, substandard housing, or for cooperating with a government inspection conducted by an official.
- Confiscate your passport or travel documents from you.
- Change your immigration status or deport you from Canada.
- Require you to repay any fees associated with your recruitment or hiring.
What are the consequences if my employer fails to comply with the regulations?
If your employer violates the TFWP or IMP standards, they will be subject to legal consequences, which include:
- The employer may receive a warning from IRCC.
- The employer may face penalties of up to $100,000 per violation, with an annual maximum of $1 million.
- The employer’s company name and address may be published on the IRCC website, along with details of the violation and its consequences.
- The employer’s previously issued Labor Market Impact Assessments (LMIAs) may be suspended or revoked. LMIAs are assessments by the Canadian government that determine the potential impact of hiring foreign workers on the Canadian labor market and are required for employing foreign workers in Canada.
- Additionally, the employer may be banned from future participation in the TFWP or IMP and may be subject to removal.
What is the procedure for reporting non-compliance by my employer?
Informing the appropriate authorities is of utmost importance if your employer is not compliant. If you have questions or concerns about foreign workers, please contact Service Canada’s confidential tip line, at +1-866-602-9448. As well as the program provides support in over 200 different languages. Additionally, there is an online form available for submitting such reports.
As well as providing support to migrants, Canada has several organizations that do so.
- Support is available through MOSAIC or the Community Airport Newcomers Network in British Columbia.
- Calgary Catholic Immigration Society provides community support services and TFW Hubs to workers in Alberta, Saskatchewan, and Manitoba.
- With KAIROS Canada, you can get assistance if you live or work in Ontario, Nova Scotia, or Prince Edward Island.
- The Travailleurs Etrangers Temporaires organization provides assistance to temporary foreign workers in Quebec.
Temporary foreign workers can also apply to the IRCC if they experience any problems with their employers outside of the TFWP and IMP.
