Temporary foreign worker rights and labour standards

As a temporary foreign worker, you’re protected by Canada’s labour laws.

Your employer

• must pay you for your work
• must make sure that your workplace is safe
• can’t take your passport or work permit away from you

Each province and territory has an employment or labour standards office that deals with labour and employment laws. This office can talk to you about fair pay, hours of work, rest periods and working conditions, and provide other services as well.

Most occupations are covered under provincial and territorial laws. However, federal labour and employment laws may apply if you work for

• the federal government
• a bank
• a company that transports goods between provinces
• a telecommunications company
• most businesses owned and run by the federal government

If you have an employer-specific work permit, your employer must give you an employment agreement. You and your employer must sign the agreement, which should include

• the details of your job
• the conditions of your employment
• the highest number of hours you will work in a week
• your rate of pay

The laws on hours of work and overtime (extra time or time worked after regular hours) vary depending on the province or territory you’re working in.

Your employment agreement may also have details about deductions, which are amounts of money that come out of your pay for programs like the Canada Pension Plan and Employment Insurance.

Always keep a copy of your agreement for your records. You and your employer must always follow the agreement. If you disagree about work details in the future, having a copy of the agreement may help you.

Contact your local employment or labour standards office to learn more about employment agreements.

Some farm workers in Canada have special rights under the Seasonal Agricultural Worker Program.

Your employer doesn’t have to give you a place to live unless you’re a temporary farm worker in the Seasonal Agricultural Worker Program.

If you’re given room and board, your employer may take part of the cost from your pay. In most provinces, the amount they can charge for room and board is limited. All pay deductions must be noted in your employment agreement.

All workers in Canada have the right to a safe and healthy workplace, so laws protect workers from danger.

Provincial, territorial and federal governments each have their own laws and ways of managing health and safety matters.

Is your work safe?

To help you decide if your workplace is safe, ask yourself these questions:

• Have I been properly trained for the job I am doing?
• Have I been given the right safety equipment to do the job?
• Do I feel unsafe when doing my job?
• Do I work close to dangerous materials?

To report an unsafe workplace, contact your local employment or labour standards office.

Refusing dangerous work

Your employer cannot force you to do dangerous work. Your employer must investigate any danger that’s reported in the workplace. You have the right to refuse to do the work until

• you and your employer agree that the danger is removed
• you feel that the problem no longer exists
• a government official tells you that it’s safe to do the work

If you get sick or hurt at work

Tell your supervisor as soon as possible and get medical attention. Your employer must help you get access to a health care provider (like a doctor, nurse or pharmacist) by, for example

• giving you time off to seek medical attention
• making a phone available to call emergency services (ambulance)
• giving you information on how to get health care
• helping you get to the health care provider

You can speak privately with a health care provider without your employer present.

Most provinces and territories provide workers’ compensation benefits. Workers’ compensation plans give you help (medical or wage benefits) if you’re hurt on the job or if your job causes you to get sick. Your employer isn’t allowed to take any money from your pay for these plans.

In some provinces and territories, employers don’t need to offer you workers’ compensation benefits. In those cases, the employment agreement must clearly state that the job doesn’t include these benefits.

Contact your local employment or labour standards office to learn more about workers’ compensation benefits.

In most cases, your employer needs to give you either written notice before your last day of work or the pay you would have earned during the notice period. This is called termination pay.

Your employer doesn’t have to warn you if they are letting you go for “just cause.” For example, you can be let go for serious misconduct or for missing work without a good reason.

If you have an employment agreement for a specific period or job, your employer doesn’t have to give you notice when your agreement ends.

The rules about giving notice of termination are set by each province and territory.

If your employer doesn’t follow the law when they dismiss you, you can complain to the local employment or labour standards office. If you’re covered by a union contract, you may have to make a formal complaint through the union instead.

If you suspect that your employer hasn’t been respecting your rights as a temporary foreign worker or has been misusing the program, report the abuse to us.

If you think you’re being abused or are at risk of being abused, you may be able to apply for an open work permit for vulnerable workers to help you leave the abusive work situation.