How Foreign Workers in Canada Are Protected Against Abuse

As a Temporary Foreign Worker (TFW) in Canada, you are protected by law. Your rights in the workplace are the same as those of Canadian citizens and permanent residents. Knowing these rights ensures you can work safely, receive fair wages, and live without fear of exploitation. This guide outlines your employer's responsibilities, your legal protections, and the steps you can take if you face unfair treatment or unsafe conditions.

Talk to an Expert

Your Employer’s Responsibilities

Your employer plays a critical role in ensuring your rights are respected while working in Canada. They are legally obligated to provide a safe and fair working environment. Understanding their responsibilities can help you identify any violations and take appropriate action.

What Your Employer Must Do

Your employer has specific legal obligations to ensure fair treatment and a safe working environment. Here is what they are required to do:

• Provide you with information about your rights.
• Give you a signed copy of your employment agreement before or on your first workday.
• Pay you as outlined in your agreement, including overtime if applicable.
• Ensure a safe and abuse-free workplace.
• Follow the employment and recruitment laws of the province or territory where you work.
• Arrange and pay for private health insurance until you qualify for provincial or territorial health coverage.
• Make reasonable efforts to help you access healthcare if you are injured or ill at work.

What Your Employer Cannot Do

There are also strict rules about what your employer is not allowed to do. These protections are in place to safeguard your rights and well-being:

• Force you to do unsafe work or tasks not included in your contract.
• Make you work if you are sick or injured.
• Pressure you into working overtime that was not agreed upon.
• Punish you for reporting mistreatment or unsafe conditions.
• Take your passport or work permit.
• Deport you or change your immigration status.
• Make you reimburse any fees they paid to hire you.

Employment Agreement

Your employment agreement is a legally binding document that outlines the terms and conditions of your job. It is essential to review this document carefully before signing to ensure it matches the job offer you accepted.

Key Elements of an Employment Agreement

Your employer must provide you with a signed employment agreement in English or French before you start work. This document should include:

• Your job title and duties.
• Your wages and payment schedule.
• Working hours and overtime policies.
• Any benefits or allowances provided.

If the details in the agreement differ from your original job offer, you have the right to question your employer and request corrections.

Access to Health Care

Access to healthcare is a fundamental right for all workers in Canada, including Temporary Foreign Workers. You do not need your employer’s permission to seek medical care, and most essential health services are free.

Provincial or Territorial Health Insurance

Once you meet the eligibility criteria, you will be covered under your province or territory’s health care system. However, there may be a waiting period before your coverage begins. Your employer is required to assist you in applying for this coverage.

Private Health Insurance

Until your provincial or territorial health insurance takes effect, your employer must provide and fully pay for private health insurance. This insurance should cover emergency medical care, and your employer cannot deduct the cost from your wages.

Special Case for Seasonal Agricultural Workers

If you are a seasonal agricultural worker from Mexico or the Caribbean, government agreements ensure you receive health insurance, so private coverage is not required.

If You Are Injured or Sick at Work

Workplace injuries and illnesses can happen, and it’s important to know how to respond. Your employer has specific obligations to ensure you receive the care you need.

Steps to Take if You Are Injured or Sick

• Inform your employer or supervisor immediately.
• Seek medical attention as soon as possible.
• Your employer must help you access health care, such as by allowing time off or arranging transportation.

Important Note: Your employer is not required to cover transportation costs to medical facilities, except for seasonal agricultural workers under specific agreements.

Health & Safety at Work

Your safety at work is a top priority. Canadian laws protect your right to a safe working environment, and your employer must take steps to ensure your well-being.

Your Right to Refuse Unsafe Work

As a worker in Canada, you have the legal right to refuse work that you believe is dangerous or poses a risk to your health and safety. This right is protected under federal, provincial, and territorial labour laws, and you cannot be punished, fired, or denied pay for exercising it. If you believe a task or workplace condition is unsafe, follow these steps:

1. Inform Your Employer: Notify your employer or supervisor immediately about your concerns. Explain why you believe the work is unsafe and provide specific details about the hazards.
2. Document the Situation: Keep a record of your concerns, including the date, time, and details of the unsafe conditions. If possible, take photos or gather evidence to support your claim.
3. Wait for an Investigation: Your employer is required to investigate the situation and address the hazard. During this time, you may be assigned alternative work that is safe.
4. If the Issue Persists: If your employer does not resolve the issue or insists that you perform the unsafe work, you can escalate the matter to your provincial or territorial health and safety authority. They will conduct an independent investigation.

Examples of Unsafe Work

You have the right to refuse work if:

• You are asked to operate faulty or unsafe equipment.
• You are exposed to hazardous substances without proper protective gear.
• Workplace conditions are unsafe (e.g., poor ventilation, extreme temperatures, or risk of falling).
• You are asked to perform tasks that violate safety regulations or training protocols.

Protection Against Retaliation

Your employer cannot retaliate against you for refusing unsafe work. This includes firing, demoting, threatening, or reducing your hours or pay. If you face retaliation, you can file a complaint with your provincial or territorial labour board or health and safety authority.

Contact Information

If you need assistance or want to report unsafe working conditions, contact your provincial or territorial health and safety office. A list of contacts is provided below for your reference.

Remember, your safety and well-being are paramount. Exercising your right to refuse unsafe work not only protects you but also helps ensure a safer workplace for everyone.

Employer Responsibilities for Workplace Safety

Employers in Canada are legally required to ensure a safe and healthy work environment for all employees. Here are some of their key responsibilities:

• Employers must investigate and resolve any workplace hazards you report.
• They must provide safety training and protective equipment at no cost to you.
• If you are injured on the job, you may be eligible for workers' compensation benefits.

It is illegal for an employer to prevent you from filing a workplace injury or safety claim.

Workplace Free from Abuse

No worker should ever face abuse in the workplace. Canadian law protects you from physical, sexual, psychological, or financial abuse by your employer or anyone acting on their behalf.

Examples of Workplace Abuse

You must ensure that you are aware of what constitutes workplace. This includes:

• Threats or intimidation.
• Unsafe working conditions.
• Forced labor or excessive overtime.
• Unwanted sexual advances or harassment.
• Withholding wages or personal documents.

How to Report Abuse

If you experience abuse, you can:

• Call Service Canada’s confidential tip line at 1-866-602-9448.
• Contact the police at 9-1-1 if you are in immediate danger.

Start Your Canadian Career!

Losing Your Job

Losing your job can be a stressful experience, but you have rights that protect you in this situation.

Termination Pay and Notice

If you are laid off, your employer should provide reasonable notice or termination pay. The amount depends on the length of your employment and the laws in your province or territory.

Employment Insurance (EI) Benefits

You may qualify for EI benefits if:

• You lose your job through no fault of your own.
• You leave due to abuse or unsafe conditions.

Changing Employers

Changing jobs as a Temporary Foreign Worker is possible, but there are specific steps you must follow to ensure you remain compliant with Canadian immigration laws.

Steps to Change Employers

• Apply for a new work permit if your current permit is employer-specific.
• Ensure your new employer has a Labor Market Impact Assessment (LMIA) approval to hire foreign workers.

Special Rules for Seasonal Agricultural Workers

If you are a seasonal agricultural worker, you may switch employers within the Seasonal Agricultural Worker Program (SAWP) without applying for a new work permit, provided your permit allows it.

Important: Changing jobs without proper authorization may result in removal from Canada.

Housing Rights

Your employer is responsible for ensuring you have access to safe and adequate housing. This is especially important for low-wage and agricultural workers.

Housing for Low-Wage and Agricultural Workers

Employers must provide suitable and affordable housing. They may deduct housing costs from your pay, but the deductions must comply with provincial laws.

Housing for Seasonal Agricultural Workers

Seasonal agricultural workers are entitled to free housing, except in British Columbia, where some deductions may apply. This housing is provided to ensure workers have a safe and comfortable living environment during their employment.

Standards for Adequate Housing

Seasonal agricultural workers are provided with housing that must meet specific standards to ensure their safety and well-being.

• Housing must be safe and free from hazards.
• It must not be overcrowded.
• It must protect you from weather conditions.
• It must have working fire alarms, smoke detectors, and proper ventilation.

Report housing concerns: Call Service Canada’s confidential tip line at 1-866-602-9448.

How to Get Help

If you encounter issues at work or with your housing, there are resources available to help you. Below is a guide to reporting problems, seeking support, and ensuring your rights are protected.

Reporting Abuse

If you experience abuse or mistreatment, you can report it confidentially using the following resources:

• Service Canada Tip Line: 1-866-602-9448 (Confidential, available in 200+ languages).
• Online Reporting Form: Available on Service Canada’s website.

Changing Jobs Due to Abuse

If you are experiencing abuse, exploitation, or unsafe working conditions, you may qualify for an open work permit for vulnerable workers. This Canadian work permit allows you to leave your current employer and work for any other employer in Canada, giving you the freedom to find a safer and more respectful work environment.

To be eligible, you must demonstrate that you are in an abusive situation, such as:

• Physical, psychological, or sexual abuse.
• Being forced to work in unsafe or exploitative conditions.
• Having your rights as a worker violated (e.g., unpaid wages, excessive hours, or denial of basic necessities).

To apply for this permit, you will need to provide evidence of the abuse or mistreatment, such as:

• Police reports or medical records (if applicable).
• Statements from witnesses or support organizations.
• Documentation of complaints made to your employer or authorities.

Once approved, the open work permit will allow you to legally work for any employer in Canada, ensuring you are no longer tied to an abusive situation. For more information or assistance with the application process, contact Immigration, Refugees and Citizenship Canada (IRCC) or consult with a legal aid organization or worker support group.

Note: You do not need to have a new job lined up to apply for this permit. The goal is to protect your rights and provide you with the opportunity to find safe and fair employment.

Reporting Workplace Safety Issues

Contact your provincial or territorial health and safety office if:

• You are asked to perform dangerous work.
• Workplace conditions are unsafe.
• You’ve been injured or sick due to work.
• Your pregnancy is at risk due to work conditions.

Provincial & Territorial Health & Safety Contacts

• Alberta: 1-866-415-8690
• British Columbia: 1-888-621-7233
• Manitoba: [Contact your local office]
• New Brunswick: 1-800-999-9775
• Newfoundland & Labrador: 1-800-563-5471
• Northwest Territories: 1-800-661-0792
• Nova Scotia: 1-800-952-2687
• Nunavut: 1-877-404-4407
• Ontario: 1-877-202-0008
• Prince Edward Island: 1-800-237-5049
• Quebec: 1-844-838-0808
• Saskatchewan: 1-800-567-7233
• Yukon: 1-800-661-0443

Can You Work in Canada?

FAQs

Can my Employer Take my Passport or Canadian Work Permit?

No, it is illegal for your employer to take your passport or Canadian work permit.

What Should I Do If I Am Injured at Work?

Inform your employer immediately, seek medical attention, and ensure your employer helps you access health care.

Can I Change Employers While in Canada?

Yes, but you may need to apply for a new work permit and ensure your new employer has LMIA approval.

What if I Face Abuse at Work?

Report abuse confidentially to Service Canada at 1-866-602-9448 or call 9-1-1 if you’re in immediate danger.