Understanding your rights as a temporary worker in Canada

Understanding your rights as a temporary worker in Canada will help you get valuable work experience in the nation. Many foreign nationals prefer to work temporarily in Canada to broaden their professional expertise.

As a temporary foreign worker in Canada, keep in mind that your employer is required to respect your rights. The government protects certain rights and has regulating laws and regulations that employers must follow when hiring you. This is how the country maintains worker safety, a fair wage, and access to health insurance. As a result, before landing in Canada, you should be completely aware of your rights as a temporary worker.

Being eligible for temporary labour in Canada

Those looking to work temporarily in Canada have several options, including the Temporary Foreign Worker Programme and the IMP. These two ways allow foreigners to arrive in Canada and begin work. Both of these programmes require an employment offer from a Canadian business. In most cases, obtaining a work permit in Canada requires an employment offer. However, there are several exceptions, including Open Work Permits for recent international graduates, Canadian spouses, and youth exchange workers.

If you are a temporary worker under one of these two programmes, you must understand your rights as a work visa holder. In order to obtain a work permit, both programmes require a job offer. Individuals who arrive here as temporary foreign workers will have their employment offers examined through the Labour Market Impact Assessment process. In contrast, the International Mobility Programme does not require an LMIA. However, all employers who supply work permits are required to submit their employment offer as part of the work permit application procedure.

Employer Adherence Guideline

If a Canadian firm wants to hire temporary foreign workers, they must go through an application process before submitting the job offer to government officers for evaluation. Under this employment offer, they must include the following:

• The job position offered to the TFW;
• The employment’s location;
• Expected work duties;
• The number of hours they must work per week
• The Wage they will receive.

Once the employer issues the work permit, both the employer and the employee must adhere to the work permit restrictions. Foreign nationals must recognise that failure to comply with the work permit conditions will put them at a disadvantage in future immigration applications.

Meanwhile, people must be aware that even employers must adhere to all work permit criteria and approved job offers. Additionally, an employer cannot legally request that employees alter their job location or role. They cannot pay a lower salary that does not correspond to the income stated in the agreement, nor may they reduce the working hours previously agreed upon. Employers hiring temporary foreign workers may face employer compliance investigations to ensure that they completely comply with certain standards.

How about the income offered to TFWs?

A Canadian firm must pay temporary workers a remuneration that is equivalent to Canadian norms. This means that they would have paid the same wage to a Canadian with the same job title. Workers can verify the salary by consulting the National Occupational Classification listing for the relevant job position. They must also cross-check the wage if they have access to regional salary data.

They frequently recruit employees under the TFWP through either of the following two streams:

There are two types of positions:

• high-wage
• low-wage.

The average median provincial pay determines both high and low earnings. Higher provincial wages are those that exceed the average median provincial pay. Meanwhile, lower provincial earnings are those that fall below the average median provincial pay.

Understanding Your Rights As A Temporary Worker in Canada Rights of a low-wage worker
Typically, higher-wage workers recruited in the high-wage stream have adequate financial resources to cover their housing and transportation costs. However, lower-wage workers may not be in the same situation. As a result, they are subject to the following rights through their employer:

Housing

Employers must demonstrate that low-wage employees have access to affordable housing. In some circumstances, the company may provide housing or ensure that workers have access to it. The total cost of housing cannot exceed 30% of the employee’s pre-tax salary.

Transportation

Employers can help low-wage temporary foreign workers cover transportation costs from their home nation to Canada. In addition, they will be eligible to obtain cost reimbursement for their return to their home country once their job in Canada finishes. The employer will not be able to deduct transport costs from the low-wage employee’s salary.

Health insurance

Employers are required to ensure that low-wage temporary foreign workers have access to adequate health insurance. In some cases, workers may be eligible for health insurance under provincial or territorial policies. In some situations, the employer must arrange for low-wage TFWs to acquire private health insurance.

Education

In June of last year, a three-year temporary measure was implemented (ending June 27, 2026). This initiative allows workers to pursue full-time and part-time education while their policies are still active or until they expire. Furthermore, the program’s length is not limited. In addition, the temporary measure applies to work permit holders or those who requested for a work permit renewal on or before June 27, 2026, and have legal right to work. Foreign workers who want to work after their work permission expires must apply for a study permit.

Job responsibilities and work requirements

All employees in Canada have legal protections that protect them from workplace exploitation. The vast majority of occupations are covered by these worker protection rights. These rights pertain to employment circumstances, working hours, salary, and job termination.

If a worker is subjected to any form of ill-treatment at work, they can contact the Ministry of Labour for more information. The ministry will be able to take action against the Canadian employer.

TFWs must also get a provincial or territorial safety insurance plan for their employment, or a comparable private insurance plan. As a result, if you believe you can significantly contribute to Canadian employment, you should consider applying for either an open work permit or a closed work permit.

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