Understanding the Rights and Responsibilities of a Temporary Worker

Sweet Mirasol • Feb 21, 2024

Canada has long been known as a country that is welcoming to immigrants, including temporary foreign workers. In fact, there are many rules designed to make sure temporary foreign workers have a positive experience in Canada. As a temporary foreign worker in Canada, it is important to understand your rights and responsibilities. Knowing what you are entitled to and what is expected of you will help make your time in Canada a success!


Please note: Immigration regulations are subject to change, and we cannot guarantee that this information is up-to-date. For up-to-date information, please visit the Government of Canada's website or speak with a Regulated Canadian Immigration Consultant.

 

Rights of Temporary Foreign Workers in Canada


Temporary foreign workers are covered by Canadian law, which safeguards the rights of all workers. You have the same protections as Canadians and permanent residents, regardless of your immigration status.

 

As a temporary foreign worker in Canada, you have the right to:

 

Be paid


Your employer must pay you for your work as stated in your employment agreement. This includes overtime work if it is included as part of your agreement. They must comply with provincial and federal laws regarding hours of work and overtime pay.

 

A Safe and Healthy Workplace


Your employer can not give you tasks that are not safe. Your employer is not allowed to fire you or stop paying you for saying no to an unsafe job. You are allowed to refuse the work until you and the employer agree that there is no more safety problem.

Your employer needs to follow safety laws. They must pay for the training and safety equipment you need to be safe. This is very important, especially if you work with chemicals.


For more information on reporting unsafe work, click here.

 

Not be discriminated against and a workplace free of abuse


You deserve to be treated fairly and with respect at work, no matter what your race, gender, religion, or any other factor. Employers should make sure your workplace is safe and free from any kind of harm, including physical, sexual, mental, or financial harm. Your employer or anyone who works for them should never hurt or punish you for telling them about something that's wrong. If you ever feel afraid, controlled, or alone because of something happening at work, it might be considered abuse.


For more information on harassment and violence, click here.

 

Be informed of your employment conditions


Employers are required to provide you with a written employment contract that outlines the terms and conditions of your employment on or before the first day of work. It must be in English or French (your chosen official language while in Canada). Both you and your employer must sign this agreement.

 

Rest periods and breaks


Taking breaks and resting during work is important to have a healthy and effective workplace. It is the employer's job to give enough breaks and rest time as the law requires. These breaks and rest periods serve to ensure that employees are not overworked and can maintain their physical and mental well-being, leading to increased productivity and job satisfaction.


For more information about rest periods and breaks, click here.

 

If you lose your job


Employers must provide reasonable notice before laying off employees. If they fail to do so, they must pay termination pay based on the length of employment and location. Those who lose their job through no fault of their own or due to abuse may qualify for Employment Insurance benefits.


For information about Employment Insurance visit the EI regular benefits page.

 

Access to healthcare


You have the right to access healthcare services in Canada, including medical treatment and emergency services. In the majority of cases, you are not required to pay for medical appointments or hospital treatment in Canada.


For more information on Canada’s healthcare, click here.

 

Changing Employers


You can change jobs, but your work permit may only let you work for your current employer. If you want to work for a new employer, you may need to apply for a new work permit, and your new employer would need to apply for a new Labour Market Impact Assessment from the Canadian government. This could mean going through the approval process again.


For more information on changing jobs or employers, click here.

 

Housing Rights


Workers in the Low-Wage and Primary Agriculture streams: If your job is in the Low-Wage LMIA category or in agriculture, your employer should give you a good and affordable place to live. Your employer can require you to pay rent, electricity, and water, but rules typically make this much cheaper than normal rent in Canada.


Workers in the Seasonal Agricultural Worker Program: If you're employed through the Seasonal Agricultural Worker Program, your employer must provide you with appropriate housing without charge (except in British Columbia, where they can deduct housing costs from your pay). Your employment agreement should detail all allowable deductions, which vary depending on the province. For individuals from the Caribbean or  Mexico, housing and utility expenses should be included in their contracts.


For more information on housing rights, click here.

 

Responsibilities as a Temporary Foreign Worker in Canada


As a temporary foreign worker in Canada, you also have certain responsibilities. These include:


  • Complying with Canadian laws: You must comply with all Canadian laws, including those related to employment, immigration, and taxation.
  • Reporting to work on time: You are expected to report to work on time and be reliable.
  • Following workplace policies and procedures: You must follow the policies and procedures established by your employer, including those related to safety, attendance, and performance.
  • Respecting Canadian culture and values: You are expected to respect Canadian culture and values, including the rights of others and the laws of the land.
  • Paying taxes: You are required to pay taxes on your income earned in Canada.
  • Leaving Canada at the end of your work permit: You are required to leave Canada when your work permit expires, unless you apply for an extension or apply for permanent residence.
  • If you have a work permit that’s about to expire or that you need to change, you must apply to extend it or change the conditions on it.


You should apply to extend your work permit at least 30 days before your current permit expires.

If your work permit expires while your application is being processed, find out if you can keep working or consult with a Regulated Canadian Immigration Consultant.

 

As a temporary foreign worker in Canada, it is important to understand your rights and responsibilities. By knowing what is expected of you and what you are entitled to, you can ensure that your experience in Canada is a positive one. If you have any concerns or questions about your rights or responsibilities, there are resources available to help you, including government agencies, community organizations, and legal services. Ready to ensure your experience as a temporary foreign worker in Canada is a positive one? Contact us now to speak with an experienced immigration consultant who can help you navigate your rights and responsibilities.

Catching Up With Laika

By Miranda Miller • 28 Mar, 2024
At Immigrate, our team is passionate about making immigration dreams come true. Today, we're thrilled to introduce Sales Associate Laika Luslos, who exemplifies that attitude. Read on to find out what makes Laika so passionate about making the journey to Canada accessible! Can you please introduce yourself and what you do here at Immigrate? Laika: My name is Laika. I'm from the Philippines, and I hold a Bachelor's Degree in Public Administration and have completed a certificate in a teaching program for secondary education. I'm part of the team here at Immigrate as an immigration Sales Associate. I have a strong passion for music, and I enjoy spending quality time with my family. What is your role like on a day-to-day basis? Laika: My role involves connecting with clients who are interested in immigrating to Canada, understanding their needs and goals, addressing their questions and concerns, and helping them navigate the complexities of immigration procedures. My favorite part is witnessing the excitement and relief on clients' faces when they receive approvals for their immigration applications. It's incredibly rewarding to be part of their journey and help make their aspirations a reality. How do we help clients overcome barriers to starting their new life in Canada? Laika: We offer a wide range of personalized immigration guidance and support, like access to resources, assistance with navigating complex paperwork and legal documents, and help with language barriers or unfamiliarity with the Canadian immigration system. Our team is here to support every step of the way. What makes Immigrate different from other immigration providers? Laika: What sets Immigrate apart is our commitment to providing a high chance of success through personalized recommendations and advice. Our team goes above and beyond to ensure the success of our clients' immigration journey. Plus, having our own unique software platform minimizes the likelihood of mistakes and streamlines the process. What’s a goal you have for the future? Laika: Looking ahead, a future goal of mine is to continue growing within the field of immigration and learning in my role at Immigrate. I'm passionate about helping people achieve their goals and aspirations and I look forward to making a positive impact on even more clients’ lives in the future. And I am really excited about embarking on the journey to fulfill my own Canadian dream alongside my family, combining personal aspirations with professional growth.
A man is standing in a field with his arms crossed in front of a combine harvester.

New SINP Entrepreneur Category Changes in March 2024

By Dirk Propp • 28 Mar, 2024
This article is written by Immigrate President and Regulated Canadian Immigration Consultant, Dirk Propp (license #R417407). On March 14th, the Saskatchewan Government made changes to the Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur Category, affecting many international entrepreneurs considering starting a business in the province. These new changes affect those in the Expression of Interest Pool for future draws. Many of the applicants already in the pool will need to look for different options, or be able to meet the new criteria. The most important changes are: New minimum language requirement: Applicants must have a CBL 5 in English. Previously no English was required. Mandatory exploratory visits: Visits are required for five calendar days, when applicants should conduct comprehensive research for their proposed business plan. This will mean that applicants will need to obtain a visitor visa to visit Saskatchewan. Extended operation: Applicants must operate the business for a minimum of 12 months on their work permit prior to removing conditions to get a nomination for permanent residence. Business purchases: Applicants cannot buy a business that a previous SINP applicant has started for at least five years after its inception. New ineligible businesses: More business types are not considered for investment. New definition of eligible business investments: This change affects which investments are eligible to meet the minimum investment criteria in the business plan and in operations to remove the conditions and obtain the nomination for permanent residents. Applicant requirements: This restricts applicants to live within 50km of their business, and extends the boundary of major cities to include urban communities. New interview requirements: There is now a mandatory interview which must take place within 90 days of the request by the province. In conclusion, these changes will give international business investors a better chance to build a successful business. For example, the language requirement will help with integration into English-speaking communities and likely a higher chance of success in business operations. These changes will also help rural businesses thrive in Saskatchewan. Secondly, these changes will limit the amount of applications and increase opportunities in certain countries where English is more prominent. The interview gives the officers the discretion to refuse any applicant based on their opinion, which may be frustrating for some applicants. However, it should also give successful applicants a higher chance of success if approved. This change removes Saskatchewan as one of the last provinces to not require English testing to become business immigrants in Canada. If you would like to know more about the changes or get help setting up an exploratory visit, completing your business plan and SINP application, and meeting all other requirements, please contact me directly through sales@immigrate.biz so we can see if this may be the right fit for you and your family to make Saskatchewan your new home.
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