Navigating the Rights and Responsibilities of a Temporary Worker

Canada has built a reputation for being a welcoming destination for immigrants, including temporary foreign workers. To foster a positive experience for such workers, various rules and regulations are in place. As a temporary foreign worker in Canada, understanding your rights and responsibilities is crucial. Familiarizing yourself with what you are entitled to and the expectations placed on you will contribute to a successful and fulfilling stay in Canada.

Note: Immigration regulations are subject to change, and we cannot ensure the current accuracy of this information. For the latest details, please refer to the Government of Canada’s website or consult with a Regulated Canadian Immigration Consultant.

Entitlements of Temporary Foreign Workers in Canada

Canadian legislation extends protection to temporary foreign workers, ensuring their rights are safeguarded. Irrespective of immigration status, you enjoy equivalent safeguards as Canadians and permanent residents.

As a temporary foreign worker in Canada, you are entitled to:

Get Paid

Compensation for your work, in accordance with the terms set forth in your employment contract, is a mandatory obligation for your employer. This encompasses payment for overtime work if explicitly mentioned in your agreement. It is imperative for them to adhere to both provincial and federal laws governing work hours and overtime pay.

A Workplace Ensuring Safety and Well-being

Your employer is prohibited from assigning unsafe tasks. Refusing to perform such tasks cannot result in termination or a suspension of payment. You retain the right to decline work until an agreement is reached with your employer to address safety concerns.

It is the responsibility of your employer to comply with safety laws, including covering the expenses for essential training and safety equipment, especially in roles involving chemicals.

For more information on reporting unsafe work, refer to this link.

Freedom from Discrimination and a Workplace Without Harassment

You deserve equitable and respectful treatment in the workplace, irrespective of your race, gender, religion, or any other factor. Employers bear the responsibility of creating a secure work environment, free from any form of harm – be it physical, sexual, mental, or financial. No one associated with your employer should ever subject you to harm or punishment for reporting misconduct. If you find yourself feeling fearful, manipulated, or isolated due to workplace circumstances, it could be considered abuse.

For more insights on harassment and violence, refer to this resource.

Stay knowledgeable about your employment terms.

Employers must furnish you with a written employment contract detailing the terms and conditions of your employment before or on the first day of work. The contract should be in English or French, your selected official language while in Canada, and must be signed by both you and your employer.

Breaks and Rest Periods

Promoting a healthy and effective workplace involves allowing employees sufficient breaks and rest periods, as mandated by law. Employers bear the responsibility of ensuring that these breaks align with legal requirements, preventing overexertion and supporting the physical and mental well-being of their workforce. This approach not only enhances productivity but also fosters job satisfaction.

For additional insights into rest periods and breaks, visit this link.

In the event of job loss

Employers are required to give employees reasonable notice before implementing layoffs. Failure to provide such notice obliges employers to provide termination pay, considering the length of employment and the location. Those who experience job loss through no fault of their own or due to mistreatment may be eligible for Employment Insurance benefits.

For more information on Employment Insurance, please refer to the EI regular benefits page.

Availability of Healthcare

You are entitled to avail yourself of healthcare services in Canada, covering medical treatment and emergency assistance. In the majority of situations, there is no need for payment for medical appointments or hospital treatments in Canada.

For more insights into Canada’s healthcare system, refer to this resource.

Switching Employers

While changing jobs is possible, your current work permit may limit you to your present employer. If you intend to work for a new employer, applying for a fresh work permit is likely necessary. Your prospective employer must also undergo a new Labour Market Impact Assessment process with the Canadian government. This may entail going through the approval process anew.

For more insights into changing jobs or employers, consult this resource.

Rights Regarding Housing

Workers in the Low-Wage and Primary Agriculture streams: If your employment falls under the Low-Wage LMIA category or in agriculture, your employer is obligated to provide you with suitable and reasonably priced accommodation. While your employer may request payment for rent, electricity, and water, regulations generally ensure that these costs are considerably lower than standard rent in Canada.

Workers in the Seasonal Agricultural Worker Program: If you are part of the Seasonal Agricultural Worker Program, your employer is required to furnish appropriate housing at no cost (except in British Columbia, where housing costs can be deducted from your pay). Details regarding allowable deductions, which vary by province, should be outlined in your employment agreement. For individuals from the Caribbean or Mexico, housing and utility expenses should be stipulated in their contracts.

For further details on housing rights, consult this resource.

Duties as a Temporary Foreign Worker in Canada

As a temporary foreign worker in Canada, you have certain things to keep in mind:

1. Follow Canadian Laws: It’s important to stick to all the rules in Canada, like those about your job, staying in the country, and paying taxes.

2. Be On Time for Work: Make sure to show up for work on time and be someone your employer can rely on.

3. Obey Workplace Rules: Your employer will have certain rules for things like safety and how things are done at work. Make sure to follow them.

4. Respect Canadian Ways: Get to know and respect the customs and values in Canada. Treat others well and follow the laws here.

5. Pay Your Taxes: You’ll need to pay taxes on the money you earn while working in Canada.

6. Leave on Time: When your work permit ends, you should leave Canada, unless you’re applying for an extension or to become a permanent resident.

If your work permit is about to expire or needs changes, you must apply to extend it or make the necessary adjustments.

Make sure to apply for an extension of your work permit at least 30 days before it expires. If your permit is still processing when it expires, check if you can continue working or talk to a Regulated Canadian Immigration Consultant for advice.

As a temporary foreign worker in Canada, it’s essential to know your rights and duties. Understanding what’s expected and what you’re allowed to do ensures a good experience in Canada. If you ever have questions or concerns about your rights or duties, there are resources to assist you, like government agencies, community groups, and legal services. Want to make sure your time as a temporary foreign worker in Canada is positive? Get in touch with us now to talk to an experienced immigration consultant who can guide you through your rights and duties.