Understanding Your Rights as a Temporary Foreign Worker in Canada

Getting a firm grip on the world of work as a temporary foreign worker (TFW) in Canada can be exciting and challenging. Understanding your rights is crucial to ensuring a fair and respectful working experience. As a Temporary Foreign Worker, you are entitled to the same legal protections as Canadian citizens and permanent residents. Knowing these rights empowers you to address any issues, seek support, stay informed, and be confident about your role and responsibilities while working in Canada as a TFW.

Ready to find out about the labor rights you can expect as a temporary foreign worker in Canada? Our guide offers a complete list of Canada's employee rights for Temporary Foreign Workers.

Labor Rights in Canada

In Canada, all workers, including temporary foreign workers, have legal protections. As a TFW, you're entitled to the same rights as Canadian citizens and permanent residents. Your employer must provide transparent information about your rights, deliver a signed employment agreement before you start, and pay you as agreed, including for any overtime.

They must also ensure a safe work environment, adhere to local employment standards, and cover private health insurance until they qualify for provincial coverage. They cannot force you into unsafe work, pressure you to work while sick, or penalize you for reporting issues. Let's look deeper into these labor rights for TFWs in Canada.

What Rights Do I Have as a Temporary Foreign Worker in Canada?

As a TFW in Canada, you have several rights and protections. Here's a general overview of your rights as a temporary foreign worker in Canada.

Your Employment Agreement

As a temporary foreign worker in Canada, you can receive a copy of your employment agreement on or before your first day of work. This agreement should be in English or French, depending on your preference. Both you and your Canadian employer must sign the document. The agreement must match the details of your job offer, including your occupation, wages, and working conditions.

Access to Healthcare Services

As a temporary foreign worker, you may have access to healthcare services through your Canadian employer's benefits plan or by purchasing private health insurance. Let's take a closer look.

Provincial or Territorial Healthcare Insurance

As a temporary foreign worker in Canada, you can access healthcare services without your employer's permission. Generally, you won't need to pay for doctor visits or hospital care, as these are covered by the provincial or territorial healthcare system where you work. However, when you first arrive, there might be a waiting period before this public health insurance fully covers you.

Private Health Insurance

During this time, your employer is responsible for arranging and paying for private health insurance to cover emergency medical needs. Importantly, your employer cannot deduct the cost of this private insurance from your wages. For seasonal agricultural workers from Mexico or the Caribbean, special agreements between these countries and Canada include health insurance coverage, so the private insurance requirement does not apply.

If You're Injured or Become Ill at Your Workplace

If you're injured or become ill at work, immediately inform your supervisor or employer and seek medical attention. Your Canadian employer must make reasonable efforts to ensure you can access healthcare services. This includes providing you with time off to visit a healthcare provider, ensuring there's a phone available for emergency calls, and offering guidance on where to get medical care. They should also assist you in arranging transportation to the healthcare facility if needed.

However, your employer is not obligated to cover the cost of your transportation to medical services. For seasonal agricultural workers, specific provisions might be covered by agreements between your home country and Canada. Importantly, you can consult with a healthcare provider privately without your employer being present.

Health And Safety at Work

As a temporary foreign worker in Canada, your health and safety are top priorities, and you have specific rights to protect them. If you believe a task is dangerous, you can refuse it without fear of being fired or unpaid. Your Canadian employer must address and resolve any reported dangers, ensuring you have the proper equipment and training before you resume work. They are responsible for providing safe work conditions, including protective gear and training for handling hazardous materials, without deducting costs from your wages.

Most Canadian provinces and territories also offer workers' compensation benefits for job-related injuries or illnesses, and it is illegal for employers to interfere with your right to file a claim. In some regions, employers must also secure workplace safety insurance at their expense. If you face disputes over health and safety issues, you can report them to your local workplace health and safety office.

Workplace Free of Abuse

As a temporary foreign worker in Canada, you have the right to work in an environment free from abuse. This means your employer, or anyone acting on their behalf, cannot subject you to any form of physical, sexual, psychological, or financial harm. Abuse can take many forms. It includes bodily harm, threats, insults, and unsafe working conditions.

Any unwanted sexual advances or demands for sexual favors in exchange for job security are regarded as unacceptable. Employers are also prohibited from controlling your movements or taking personal documents like your passport or work permit. If you encounter any abusive behavior, you should report it immediately. Contact Service Canada's confidential tip line at 1-866-602-9448. For urgent help, call 9-1-1 or your local police.

If You Lose Your Job

As a temporary foreign worker in Canada, your Canadian employer must provide reasonable notice before terminating your employment. If they fail to do so, they are required to offer termination pay. This pay depends on your length of service and the province or territory where you work. If you lose your job through no fault or leave due to workplace abuse, you might be eligible for Employment Insurance (EI) benefits. These benefits provide financial support while you seek new employment.

Changing Employers

As a temporary foreign worker in Canada, you can change Canadian employers. However, this process is only sometimes straightforward. Your current Canadian work permit may restrict you to your present employer, necessitating a new Canadian work permit for employment with a different one. Your new Canadian employer must obtain permission from the Government of Canada to hire you.

This involves securing a valid Labor Market Impact Assessment (LMIA). The rules differ slightly for agricultural workers under the Seasonal Agricultural Worker Program (SAWP). If you're a SAWP worker, you might not need a new work permit to switch employers. Check your Canadian work permit for the remark "Approved MEX/CCSAWP employer only" to confirm your SAWP status.

Review your employment contract for details on transferring between SAWP employers. Failing to follow these procedures can result in unauthorized work and severe consequences, such as a removal order. To avoid this, you can use Canada's Job Bank to find employers ready to hire temporary foreign workers with a positive LMIA.

Housing Rights

As a temporary foreign worker in Canada, particularly in low-wage or primary agriculture sectors, your employer must provide you with suitable housing. This housing should be adequate, safe, and affordable. Depending on your specific work program, there might be variations in how costs are handled.

For those in the SAWP, your Canadian employer is generally required to provide housing at no extra cost, except for British Columbia. In BC, employers can deduct accommodation costs from your wages. Ensure that deductions are clearly outlined in your employment agreement, as allowed deductions vary by province.

Your housing should comply with provincial and municipal regulations. It must:

• Be free of hazards and safe,
• Avoid overcrowding,
• Be well-maintained and weatherproof,
• Have functioning fire extinguishers and smoke detectors,
• Ensure proper ventilation,
• Offer working toilets, sinks, and showers with privacy, and
• Provide a constant supply of hot and cold drinking water.

Are There Support Services Available in Canada to Help TFWs in Workplace Abuse Cases?

If you're facing workplace abuse or suspect someone else might be, it's crucial to report it. Service Canada offers a confidential tip line at 1-866-602-9448, where you can report any issues without fear of retaliation. This service is available in over 200 languages, ensuring language barriers don't hinder your ability to seek help.

You can also leave an anonymous message or use the online reporting form for additional privacy. The table below presents some of the top support services you can contact in each Canadian province or territory in case of workplace abuse or misconduct.

How Can I Become a Temporary Foreign Worker in Canada?

The Temporary Foreign Worker Program (TFWP) allows Canadian employers to temporarily hire foreign workers to fill positions they cannot fill with eligible Canadian workers. You'll need a job offer from a Canadian employer who has obtained an LMIA from the Canadian government. This assessment ensures that no suitable Canadian worker is available for the position.

Once you have a job offer in Canada, you must apply for a Canadian work permit from Immigration, Refugees and Citizenship Canada (IRCC). You must provide documents such as your passport, proof of funds, and medical exams. Upon approval, you can travel to Canada to begin your employment.

Learn how to get hired as a Temporary Foreign Worker using the Recognized Employer Pilot Canada.

FAQs

Can I Transition From a Temporary Foreign Worker to a Canadian Permanent Resident?

Yes, you may be eligible to transition from a temporary foreign worker to a Canadian permanent resident through specific immigration programs, such as the Canadian Experience Class or the Provincial Nominee Program. These programs often require you to have worked in Canada for a particular period and meet other criteria.

What Happens if My Work Permit Expires or I Need to Leave Canada Early?

If your Canadian work permit expires or you must leave Canada early, you must depart the country promptly. Failure to do so may result in penalties or immigration consequences. It is essential to plan your departure and ensure that your immigration status remains valid.

How Can I Ensure my Employer is Complying With the Law?

To ensure your employer complies with the law, you can provide the work permit conditions matching your employment. Familiarize yourself with the rights of temporary foreign workers in Canada. If you have concerns about your employer's compliance, contact IRCC or other relevant authorities.