By admin (May 21, 2024)

What are the Rights of Temporary Workers in Canada

Some employers may try to exploit temporary foreign workers arriving for work which is why it is important to know What are the Rights of Temporary Workers in Canada.

Human rights policies in Canada are expensive, even extending to foreign nationals who have temporarily come to work in the country.

Under the two main paths for foreign nationals to work in Canada, the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), foreign nationals in Canada are given the protection and same rights as permanent residents and citizens.

The rights of every citizen are protected under the force of the law which means your employer must adhere to the protections set forth by IMP and TFWP if you are a foreign worker, or face legal repercussions.

Your Rights As a Temporary Foreign Worker

Foreign Worker Rights can be divided into two categories:

What employers must do to comply with legal standards and programs
What employers must not do to comply with legal standards and programs

The task to be Done by Your Employer in Accordance with Your Rights

“What are the rights of temporary workers in Canada” is an important question that everyone who is going Canada with a temporary resident status should ask themselves.

According to the Immigration, Refugees and Citizenship Canada (IRCC), your employer must perform the below-mentioned tasks in accordance to your rights:

Provide you a signed copy of the employment agreement on the first day of work even before it.
Provide you with the information about your rights.
Provide you with a workplace that is free of abuse
Provide you with the payment of your work as stated in the employment agreement. The employer must recognize if your agreement includes overtime.
Provide healthcare services if you are anyhow injured or get ill at the workplace
Recruitment or Employment standards of the territory or province in which you’re working should be followed.
You should be trained on how to do your job safely, including how to safely operate any machinery or equipment

What an Employer Should not do in accordance with your Rights

Employers under IMP and TFWP are not required to do certain things, as mentioned below:

Pressurize you to work if you are sick or injured.
Pressurize you to perform unsafe and unauthorized work.
Take away your passport
Pressurize you to work overtime even if it is not included in your agreement.
Punish you for reporting inadequate housing, unsafe work, mistreatment or cooperating with an inspection which is conducted by a government employee.
Ask you to return recruitment-related fees they may have paid to hire you
Change your immigration status or deport you from Canada

What to Do if You Face an Employer Who Do Not Comply

Employers will face legal repercussions if they are found non-compliant with the standards of TFWP and IMP.

If your employer is found guilty of a violation after 1 December 2015, they will receive penalties as mentioned below:

A warning from IRCC
$100,000 for each violation to a maximum of $1 million in a year
Revocation or suspension of previously issued Labour Market Impact Assessment (LMIA).
Have their company’s name and address published on the website of IRCC, with the details of the violation and consequences
Removal from the ability to ever join programs like IMP or TFWP again

How Can You Report Non-Compliance with Your Employer

You should report your employers to the proper authorities if they are ever found non-compliant. You can contact a confidential service known as Service Canada through their tip line: 1-866-602-9448 which can be availed in over 200 languages. This service is made for foreign worker support, and there is also a similar form that can be filled out.

Workers in Saskatchewan, Manitoba, and Alberta can contact the Calgary Catholic Immigration Society through their TFW Hub or Community Support Services.
Workers in Prince Edward Island, Nova Scotia, and Ontario can contact KAIROS Canada.
Travailleurs Etrangers Temporaires can be contacted by workers in Quebec.
Community Airport Newcomers Network or MOSAIC can be contacted by workers in British Columbia.

Temporary foreign workers outside the scope of TFWP and IMP can also report other problems with their employers to IRCC if the need arises. What are the rights of temporary workers in Canada is a question which should come across your mind if you are ever planning to move Canada with TR status.