Temporary Foreign Workers
Your Rights Are Protected
In Canada, the rights of all workers—including temporary
foreign workers—are protected by law. If you are a temporary
foreign worker, you have the same rights and protections
asCanadians and permanent residents.
Your rights
Your employer must:
`give you information about your rights;
`give you a signed copy of your employment
agreement on or before the rst day
ofwork;
`pay you for your work as stated in your
employment agreement. This includes
overtime work if it is included as part
ofyour agreement;
`make reasonable efforts to provide you
with a workplace free of abuse, including
reprisals;
`follow the employment and recruitment
standards of the province or territory
where you work;
`get and pay for private health insurance
that covers your emergency medical care
until you are eligible for provincial or
territorial health insurance coverage
(seethe Health care insurance section
forexceptions); and
`make reasonable efforts to give you access
to health care services if you are injured
orbecome ill at the workplace.
Your employer cannot:
`force you to perform unsafe work or work
that your employment agreement does
notauthorize you to do;
`force you to work if you are sick or injured;
`pressure or force you to work overtime not
included in your employment agreement;
`punish you for reporting mistreatment,
unsafe work, inadequate housing or
forcooperating with an inspection
byagovernment employee;
`take your passport or work permit away
from you;
`deport you from Canada or change
yourimmigration status; and
`make you reimburse recruitment-related
fees they may have paid to hire you.
`Your employment
agreement
On or before your rst day of work,
youremployer must give you a copy of your
employment agreement. It must be in English
or French—your chosen ofcial language
while in Canada. Both you and your employer
must sign this agreement. The employment
agreement must refer to the same occupation,
wages and working conditions as those
outlined in your offer of employment.
`Access to health care
services
You do not need your employer’s permission
to seek health care. In most cases you do not
have to pay to see a doctor or for hospital
care in Canada.
`Provincial or Territorial
health care insurance
You will have access to free health care under
the health insurance system of the province
or territory where you are working. However,
when you rst arrive in Canada, it may take
some time before you are covered by the
provincial or territorial health insurance
system. Your employer shall help you set
uphealth insurance coverage as required
byyour province or territory.
`Private health insurance
If there is a period where you are not
covered by the provincial or territorial
healthinsurance where you are working,
your employer must obtain and pay for
yourprivate health insurance that covers
emergency medical care. Your employer
cannot deduct any money from your pay
forthis private health insurance.
`giving you time off to seek medical attention;
`ensuring there is a phone available to call
emergency services;
`giving you information on what to do
andwhere to go to get health care; and
`helping you get transportation to the health
care provider.
Your employer is not required to pay
foryour transportation to get to a hospital,
clinic, doctor or other health care service.
(See Health care insurance section for
exceptions for seasonal agricultural
workers.)
You have the right to speak privately
witha health care provider, without
youremployer.
`If you are injured or become
ill at your workplace
Tell your supervisor or employer as soon as
possible and get medical attention as quickly as
possible. Your employer must make reasonable
efforts to provide access to a health care
provider(like a doctor, nurse or pharmacist)
by, forexample:
If you are a seasonal agricultural worker
from
Mexico
or the
Caribbean, this does
not apply to you, since agreements between
these countries and Canada include
provision of health insurance.
`Health and safety at work
Your employer cannot force you to do work
that you think is dangerous. They cannot re
you or refuse to pay you. Your employer must
look into any danger that is reported in the
workplace. You have the right to refuse to
dothe work until you and your employer
agree that:
`the danger is removed;
`you have received the proper equipment
and training; and
`the problem no longer exists.
Your employer must:
`follow the employment laws;
`train you to do your job safely, including
how to safely operate any equipment
ormachinery; and
`give you protective equipment and
appropriate training if your job requires
you to use pesticides/ chemical products.
Your employer must not deduct any money
from your pay for this equipment or
training. You must learn to properly
usethis equipment.
Most provinces and territories offer workers’
compensation benets (payments to make
up for lost wages) when workers are injured
or sick because of their work.
`It is against the law for your employer
tostop you from making a workers’
compensation claim.
`In some provinces and territories,
employers must get and pay for workplace
safety insurance. Your employer must not
deduct any money from your pay for this.
`If you and your employer disagree about a
health and safety issue, report the situation
to the workplace health and safety ofce
in your province or territory (see contacts
below).
`Workplace free of abuse
Employers must make reasonable efforts
toprovide a workplace that is free of abuse.
Your employer or anyone acting on behalf of
your employer can not abuse you, physically,
sexually, psychologically or nancially.
Abuse includes reprisals such as actions or
threats of demotion, disciplinary measures or
dismissal due to reporting your employer for
non-compliance. Any behaviour that scares,
controls or isolates you could be abuse.
Some examples of abuse:
`physical harm;
`threats, insults;
`forcing you to work in a way that’s unsafe
or risky to your health;
`unwanted sexual touching;
`controlling where you can go or who you
can see;
`stealing from you;
`taking any or all of the money you are owed;
`taking and refusing to return your passport,
work permit, or other identication;
`forcing you to commit fraud; and
`ring, threatening or disciplining
youforcomplaining about your working
conditions or abuse, or for participating in
an inspection by a government employee.
To report an abusive situation, contact
the Service Canada condential tip line
at1-866-602-9448. If you need help right
away, call 9-1-1 or your local police.
`If you lose your job
Your employer should provide
reasonablenotice before laying you off.
Ifthey do not, they must pay you termination
pay. Theamount is based on how long you
havebeen working and in which province
orterritory you are working.
If you lose your job through no fault of
yourown, or if you leave your job because
you are being abused, you may qualify to
receive Employment Insurance benets.
For information about Employment
Insurance visit the EI regular benets page.
`Changing employers
You are allowed to change employers.
However, your work permit may only allow
you to work for your current employer, so
you may need to apply for a new work permit
before you can start working for a different
employer. Also, your new employer must get
permission from the Government of Canada
to hire you as a temporary foreign worker.
They may have to re-apply for a Labour
Market Impact Assessment.
If you are a seasonal agricultural worker,
you may be able to change employers
without getting a new work permit.
You can use the Government of Canada
JobBank to search for jobs with Canadian
employers who want to hire temporary foreign
workers. The job posting will say if the
employer has already applied for or received
a positive Labour Market Impact Assessment.
The employer needs this to hire a temporary
foreign worker.
Housing rights
`Workers in the Seasonal
Agricultural Worker
Program
If you are employed through the Seasonal
Agricultural Worker Program, your employer
must provide adequate housing at no cost
toyou (except in British Columbia where
employers can deduct from your pay for
accommodations). All pay deductions should
be listed in your employment agreement.
Deductions which are allowed vary by province.
If you are from
Mexico
or the
Caribbean,
thecost of housing and utilities must be
inyour signed employment agreement.
`Workers in the Low-Wage
and Primary Agriculture
streams
If you are a low-wage or primary agriculture
worker, your employer must ensure that
adequate, suitable and affordable housing
isavailable to you. Your employer can deduct
money from your pay for housing and costs
such as water and electricity. However,
there are some limitations based on your
program stream.
`What is adequate housing?
The place where you live should meet
provincial/territorial and municipal
legislations including:
`be safe (free of hazards);
`not be overcrowded;
`be in good condition and protect
youfrom the weather;
`have a working re extinguisher
andsmoke detectors;
`have proper ventilation;
`have functioning toilets, hand-washing
sinks and showers that work properly
andoffer privacy; and
`have a constant supply of hot and cold
drinking water.
If there is a problem with your housing,
report it by calling the Service Canada
condential tip line at 1-866-602-9448.
How to get help
If your employer is breaking the rules of
theTemporary Foreign Worker Program,
oris abusing you or someone you know,
youshould report it.
`Calling Service Canada’s
tipline: 1-866-602-9448
`This service is condential. Service Canada
will not tell your employer youcalled.
`You can talk to a Service Canada agent
inone of more than 200 languages.
`You can leave an anonymous message to
report your concerns. All calls are taken
seriously and may be investigated.
You can also report abuse to Service
Canada using this online form.
`Changing jobs due to
abuse or risk of abuse
If you think you are being abused or at risk of
being abused, you may be eligible to apply for
an open work permit for vulnerable workers.
An open work permit lets you change jobs
bygiving you permission to work for almost
any employer in Canada. More information
is available on the page for vulnerable foreign
workers who are victims of abuse.
`Getting assistance from
asupport organization
formigrant workers
`British Columbia:
– Community Airport Newcomers
Networkwelcomes temporary foreign
workers at Vancouver International
Airport, offering information and
orientation sessions: (604) 270-0077.
– MOSAIC offers services to temporary
foreign workers: (604) 254-9626.
`Alberta: 1-866-415-8690
`British Columbia: 1-888-621-7233
`Manitoba: 1-855-957-7233
`New Brunswick: 1-800-222-9775
`Newfoundland and Labrador:
1-800-563-5471
`Northwest Territories: 1-800-661-0792
`Nova Scotia: 1-800-952-2687
`Nunavut: 1-877-404-4407
`Ontario: 1-877-202-0008
`Prince Edward Island: 1-800-237-5049
`Quebec: 1-844-838-0808
`Saskatchewan: 1-800-567-7233
`Yukon: 1-800-661-0443
`Reporting other
employment problems
If you think that you are not being properly
paid, treated unfairly, or if your employer is
not respecting your employment agreement,
contact your provincial or territorial
employment standards ofce:
Most industries in Canada are regulated
byprovincial or territorial governments, but
some are regulated by the federal government.
If your workplace is federally regulated, you
can make a complaint online or by calling
1-800-641-4049.
List of federally regulated
industries and workplaces
`Alberta, Saskatchewan and Manitoba
– Calgary Catholic Immigration
Societyoffers services to temporary
foreign workers through their
TFWHub
(1-888-331-1110) and
their
Community Support Services
program (403) 262-2006).
`Ontario, Nova Scotia, New Brunswick
andPrince Edward Island:
–KAIROS Canada
`Quebec:
–Travailleurs Étrangers Temporaires
`Reporting a workplace
health or safety problem
Have you been asked to perform dangerous
work? Are conditions at work unsafe? Have
you been injured or sick because of your work?
If so,
contact your provincial or territorial
workplace health and safety ofce:
`Alberta: 1-877-427-3731
`British Columbia: 1-833-236-3700
`Manitoba: 1-800-821-4307
`New Brunswick: 1-888-452-2687
`Newfoundland and Labrador:
1-877-563-1063
`Northwest Territories: 1-888-700-5707
`Nova Scotia: 1-888-315-0110
`Nunavut: 1-877-806-8402
`Ontario: 1-800-531-5551
`Prince Edward Island: 1-800-333-4362
`Quebec: 1-800-265-1414
`Saskatchewan: 1-800-667-1783
`Yukon: 1-800-661-0408, extension 5944
`Employees working in the
federally regulated sector
Protection and help for victims of human trafficking
If you think you are a victim of human
trafcking, or you suspect or know
ofhumantrafcking activity, call:
`theCanadian Human Trafcking
Hotlineat 1-833-900-1010 to be connected
with support services or law enforcement
in your community; or
`Service Canada’s condential tip line
at1-866-602-9448.