Temporary Foreign Workers’ Rights in Canada

Get in Touch

I agree to terms & conditions

Temporary Foreign Worker

Canada has extensive human rights laws that even apply to foreigners who are visiting temporarily to work there. Foreign nationals working in Canada are accorded the same rights and protections as citizens and permanent residents through the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), the two main avenues for foreign employees to enter the country.

This means that if you are a foreign worker, your employer must abide by the protections outlined by the TFWP and IMP or risk legal ramifications. These rights are protected by the force of law. So in this article, formed by the best Immigration Consultants in India, we are going to learn about your rights as a temporary worker in Canada.

Start your Canada Express Entry 2023 journey today with the best RCICs in India.

What privileges do I have as a temporary foreign employee?

The rights of foreign workers can be divided into two categories: what employers must do to comply with regulations and laws, and what businesses CANNOT do to comply.

What actions must my employer take to uphold my rights?

Immigration, Refugees and Citizenship Canada (IRCC) mandates that your employer

Inform you of your legal rights
Before or on your first day of employment, give you a signed copy of your employment contract
As per your job contract, you will be paid for your work. Employers must adhere to your agreement's overtime provisions as well
Make a sincere effort to ensure that you have a workplace free from harassment (including retaliation)
Abide by the employment and hiring policies of the province or territory where you are employed
Provide you with the necessary supplies and training for protective gear, as well as instruction on how to operate any equipment or machinery properly while performing your task
Take reasonable steps to ensure that you have access to healthcare if you are hurt or ill at work
If you suffer an illness or injury at work, give reasonable medical attention

Worried about your eligibility for the Canada Work Visa in 2023? Get in touch with the best Immigration Consultants in India for more information.

What is prohibited by law from being done by my employer?

In addition to what they must do in accordance with the TFWP and IMP, employers are also forbidden from doing a number of things. For instance, they are not allowed to:

Forcing you to execute risky tasks or tasks that your employment contract does not permit you to perform
Compel you to labour while being ill or disabled
Compel you to perform more hours that are not specified in your employment contract
Punish you for speaking up about abuse, dangerous work conditions, substandard housing, or for assisting a government employee with an inspection
Don't let your passport go
Alter your immigration status or have you expulsed from Canada
Have them pay back any money they may have incurred in order to hire you for recruitment purposes

What will happen if my employer doesn't comply?

If the TFWP or IMP standards are not met by your employer, they will be held legally liable. After December 1, 2015, if your employer is found in violation, they will:

Receive an alert from IRCC
Receive fines of up to $100,000 for each offence, with a yearly cap of $1 million
Their company's name and address along with information about the violation and penalties published on the IRCC website
Labor Market Impact Assessments that have previously been issued could be suspended or revoked (LMIAs).
An LMIA is an internal evaluation conducted by the Canadian government to ascertain the impact that hiring a foreign worker will have on the local labor market.
It is necessary prior to hire an international worker in Canada
Be excluded with the incapability to rejoin the TFWP or IMP

Begin your Express Entry Canada 2023 application process with us now!

How do I report my employer's noncompliance?

You should report your employer to the appropriate authorities if they are discovered to be in violation.

Using their tip line is one of the best ways to reach them. This private service, designed to help international workers, is available in more than 200 languages. A comparable online form is available for completion.

The following organizations provide assistance to migrant workers in Canada:

Workers in Alberta, Saskatchewan, and Manitoba can get in touch with the Calgary Catholic Immigration Society through their TFW Hub or Community Support Services.
Workers in Ontario, Nova Scotia, and Prince Edward Island can get in touch with KAIROS Canada; and workers in Quebec can get in touch with Travailleurs Etrangers Temporaries
Should the need arise, temporary foreign workers can also report such issues with their employers to IRCC (beyond the purview of the TFWP or IMP).

List Of PNP In Canada

Need Help?

Moving to a new country for settlement, studying, or work can be a hectic and overwhelming process. Hence, it is recommendable to contact the best RCICs in India for your Canada Express Entry process.

Do you need help from the best Canada Immigration Consultants in India for your Express Entry 2023 Application process? You are at the right place. Get in touch with us now and find out your eligibility for the Express Entry 2023 process, CRS score, and other possible options. Start your journey now by finding your CRS with the Express Entry CRS Calculator.

To get the proper advice and assistance regarding Canada PR process, you may call our team of registered advisors at Universal Adviser Immigration office on Tel No. +91-730-345-0222 or drop your queries at info@universaladviser.com for quick response.

Recent Blog Posts

Get in Touch

I agree to terms & conditions

Existing Applicant

New Applicant