Temporary Foreign Workers’ Rights in Canada
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.
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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
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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
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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
- Alberta Immigrant Nominee Program
- British Columbia Provincial Nominee Program (BCPNP)
- Manitoba Provincial Nominee Program (MPNP)
- Newfoundland and Labrador Provincial Nominee Program (NLPNP)
- New Brunswick Provincial Nominee Program (NBPNP)
- Nova Scotia Provincial Nominee Program (NSPNP)
- Northwest Territories Nominee Program (NTNP)
- Ontario Immigrant Nominee Program (OINP)
- Prince Edward Island Provincial Nominee Program (PEI PNP)
- Quebec Skilled Workers Program (QSWP)
- Saskatchewan Immigrant Nominee Program (SINP)
- Yukon Nominee Program (YNP)
Need Help?
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