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Rights of Temporary Foreign Workers
While in Canada Temporary Foreign Workers have the same rights and protections as Canadians and permanent residents under applicable federal, provincial and territorial employment standards and collective agreements. You should familiarize yourself with these rights. Be aware that your employer must:
- Pay you for your work. Your wages are set in your contract or LMIA. The amount you are paid is based on the average wage for the job you do and the location where you work. Your employer must ensure your wages are equal to or above the minimum wage set by the province or territory you live and work in.
- Ensure your workplace is safe. Your employer cannot force you to work in conditions you feel are dangerous. Report any issues to the Workers’ Compensation Board – they can help.
- Give you break time and days off. Your employer cannot force you to work if you are sick or injured. You can report any issues to your local Employment Standards Office or contact a support organization for help.
- Respect the terms of your employment contract. Your employment contract includes details about your work duties, wages and deductions, and employment conditions.
In some cases, employers may not respect workers’ rights or may try to abuse or exploit workers. Give that employer-specific permits only allow an individual to work for the employer named on their permit, filing complaints can be difficult. Nevertheless, be aware of the following:
- All workers have the right to contact government officials or support organizations for help or to report abuse.
- You cannot be deported for filing a complaint or if your contract is terminated. Your stay in Canada is determined by your temporary resident visa.
- Your employer cannot force you to pay back recruitment fees
- You cannot be obligated to perform work through the use of force, coercion or fraud. This is called Labour Trafficking and is illegal in Canada.
These are the minimum standards in Canada, other rights and protections may apply. To read more about your rights as a Temporary Foreign Worker, click here.