September 6th, 2024 at 05:07 am

Recognizing Your Rights in Canada as a Temporary Foreign Worker | Complete Guide

Getting a good handle on the world of work as a temporary foreign worker (TFW) in Canada may be both exhilarating and difficult. Understanding your rights is critical to having a fair and courteous workplace environment. As a temporary foreign worker, you have the same legal protections as Canadian citizens and permanent residents. Knowing your rights allows you to resolve any difficulties, get support, stay informed, and be secure in your position and obligations as a TFW working in Canada.

Ready to learn about your labor rights as a temporary foreign worker in Canada? Our article provides a comprehensive list of Canada’s employment rights for temporary foreign workers.

Labour Rights in Canada

In Canada, all workers, including temporary foreign workers, are entitled to legal protection. As a TFW, you have the same rights as Canadian citizens and permanent residents. Your employer must provide you with clear information about your rights, produce a formal employment agreement before you begin, and pay you as agreed, including any overtime.

They must also provide a safe working environment, follow local employment regulations, and cover private health insurance until they are eligible for provincial coverage. They cannot coerce you into risky labor, urge you to work while sick, or punish you for reporting problems. Let’s delve deeper into these labour rights for TFWs in Canada.

Your Rights as a Temporary Foreign Worker in Canada

Understanding Your Rights as a Temporary Foreign Worker in Canada | CanVisa

As a TFW in Canada, you have certain rights and protections. Here’s an outline of your rights as a temporary foreign worker in Canada.

Your Employment Agreement

As a temporary foreign worker in Canada, you may receive a copy of your employment contract on or before your first day of work. This agreement should be written in either English or French, depending on your preferences. You and your Canadian employer must sign the paper. The agreement must match the specifics of your job offer, such as your occupation, salary, and working circumstances.

Access to healthcare services

As a temporary foreign worker, you may be eligible for healthcare services through your Canadian employer’s benefits plan or by acquiring private health insurance. Let’s have a closer look.

Provincial or Territorial Health Insurance

As a temporary foreign worker in Canada, you can use healthcare services without your employer’s approval. Generally, you will not have to pay for medical visits or hospital care because they are covered by the provincial or territorial healthcare system where you work. However, when you initially arrive, there may be a waiting time before your public health insurance completely covers you.

Private Health Insurance

During this period, your employer is in charge of procuring and paying for private health insurance to cover emergency medical expenses. Importantly, your employer cannot deduct the cost of this private insurance from your paycheck. Seasonal agricultural laborers from Mexico or the Caribbean are exempt from the private insurance requirement due to unique agreements between these countries and Canada.

If you are injured or become ill at work

If you are injured or become ill at work, immediately notify your supervisor or employer and seek medical assistance. Your Canadian employer must make reasonable measures to ensure you have access to healthcare services. This includes giving you time off to visit a healthcare practitioner, having a phone ready for emergency calls, and advising you on where to seek medical treatment. They should also help you arrange transportation to the hospital center, if necessary.

However, your employer is not bound to pay for your transportation to medical appointments. Agreements between your home country and Canada may include special protections for seasonal agricultural workers. Importantly, you can meet with a healthcare provider privately without your employer present.

Health and Safety at Work

As a temporary foreign worker in Canada, your health and safety are major priorities, and you have special rights to ensure them. If you believe a task is risky, you may decline it without fear of being dismissed or unpaid. Before you return to work, your Canadian employer must investigate and resolve any documented hazards, as well as provide you with the necessary equipment and training. They are responsible for providing safe working conditions, such as protective equipment and training for handling dangerous products, without withholding costs from your pay.

Most Canadian provinces and territories also provide workers’ compensation benefits for job-related injuries or illnesses, and employers cannot interfere with your right to file a claim. In some areas, businesses must additionally obtain workplace safety insurance at their own expense. If you have a dispute over health and safety, you can report it to your local workplace health and safety office.

A workplace free of abuse

As a temporary foreign worker in Canada, you have the right to work in an abuse-free environment. This implies that your employer, or anybody working on their behalf, cannot subject you to physical, sexual, psychological, or financial abuse. Abuse can take various forms. It involves physical violence, threats, insults, and hazardous working conditions.

Any unwelcome sexual advances or requests for sexual favors in exchange for job security are considered unacceptable. Employers are also forbidden from restricting your movements or seizing personal documents such as your passport or work permit. If you come across any abusive behavior, you should report it immediately. Call Service Canada’s confidential tip line at 1-866-602-9448. For immediate assistance, dial 9-1-1 or your local police.

If you lose your job

As a temporary foreign worker in Canada, your Canadian employer must provide you adequate notice before terminating your job. If they fail to do so, they must provide termination money. The pay you receive is determined by your duration of service and the province or territory in which you work. If you lose your job without fault or quit due to workplace abuse, you may be eligible for Employment Insurance (EI) benefits. These benefits provide cash assistance while you look for a new job.

Changing employers

As a temporary foreign worker in Canada, you have the option to change employment. However, this method is not always straightforward. Your current Canadian work visa may limit your employment options, necessitating the acquisition of a new Canadian work permit to work for a different employer. Your new Canadian employer must get approval from the Government of Canada before hiring you.

This includes obtaining a legitimate Labour Market Impact Assessment (LMIA). Agricultural workers participating in the Seasonal Agricultural Worker Program (SAWP) face slightly different rules. If you work for SAWP, you may not require a new work permit to switch employment. Check your Canadian work visa for the phrase “Approved MEX/CCSAWP employer only” to establish your SAWP eligibility.

Review your job contract for information on transferring between SAWP employers. Failure to adhere to these regulations may result in prohibited labor and serious penalties, such as a removal order. To prevent this, search Canada’s Job Bank for firms willing to hire temporary foreign workers with a positive LMIA.

Housing Rights

As a temporary foreign worker in Canada, especially in the low-wage or primary agriculture industries, your employer must provide you with adequate housing. This housing needs to be suitable, safe, and inexpensive. Depending on your unique job program, how charges are handled may vary.

Except in British Columbia, Canadian employers are normally required to offer accommodation at no additional expense to SAWP employees. Employers in British Columbia can deduct accommodation expenditures from their employees’ salaries. Allowable deductions differ by province, so be sure they are properly defined in your employment agreement.

Your housing should be compliant with provincial and local requirements. It must:

• Be clear of risks and safe.
• Avoid congestion.
• Be well-kept and waterproof.
• Have functional fire extinguishers and smoke detectors.
• Ensure appropriate ventilation.
• Provide private restrooms, sinks, and showers, as well as a steady supply of hot and cold water.

Support Services Available in Canada for TFWs in Workplace Abuse Cases

If you are experiencing workplace abuse or suspect that someone else is, please report it. Service Canada provides a confidential tip line at 1-866-602-9448, where you can report problems without fear of retaliation. This service is available in over 200 languages, ensuring that language limitations do not limit your capacity to seek help.

You can also leave an anonymous message or utilize the online reporting form to protect your anonymity. The table below lists some of the top support resources available in each Canadian province or territory in the event of workplace abuse or misconduct.

Organizations providing support services in Canadian provinces and territories.

How Do I Become a Temporary Foreign Worker in Canada?

The Temporary Foreign Worker Program (TFWP) allows Canadian firms to temporarily engage foreign workers to fill positions that cannot be filled by eligible Canadian workers. You’ll need a work offer from a Canadian company that has received an LMIA from the Canadian government. This examination guarantees that no qualified Canadian workers are available for the position.

When you receive a job offer in Canada, you must apply for a Canadian work permit from Immigration, Refugees, and Citizenship Canada (IRCC). You must present documentation such as your passport, proof of finances, and medical records. Once approved, you can go to Canada to begin your employment.

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