Although a recurring issue among Temporary Foreign Worker Program (TFWP) abuses is the lack of communication about labor rights, Canada has established comprehensive labor laws that also apply to temporary foreign workers. Temporary foreign workers in Canada are entitled to:
- Receive information about their rights from their employer.
- Obtain a signed copy of their employment contract on or before their first day of work.
- Be paid according to the terms of their employment contract, including overtime if applicable.
- Work in an environment free from abuse, including protection from retaliation.
- Have their employer comply with the employment and recruitment standards of the province or territory where they work.
- Have their employer arrange and pay for private health insurance that covers emergency medical care until they qualify for provincial or territorial health insurance.
- Access health care services if they are injured or become ill at work, with the employer making reasonable efforts to assist.
Moreover, temporary foreign workers in Canada cannot be:
- Forced to do unsafe work or tasks not outlined in their employment contract.
- Compelled to work if they are sick or injured.
- Pressured or forced to work overtime not agreed upon in their contract.
- Punished for reporting mistreatment, unsafe work conditions, inadequate housing, or for cooperating with government inspections.
- Subjected to having their passport or work permit confiscated by their employer.
- Deported from Canada or have their immigration status altered by their employer.
- Made to repay any recruitment-related fees that the employer may have covered.
If a foreign worker believes they are being mistreated by their employer, they have several options:
- Apply for an open work permit (OWP) in Canada, allowing them to work in most industries and for most employers.
- Report the abuse through Service Canada’s helpline, or to Employment and Social Development Canada (ESDC) online, by phone, or in person.
- Seek assistance from an organization that supports migrant workers.
- Contact their provincial or territorial workplace health and safety office, if applicable.
- Reach out to their employment standards office if their employer violates the terms of their employment contract.
Additionally, foreign workers can visit the Immigration, Refugees and Citizenship Canada (IRCC) website to view a list of non-compliant employers who have previously violated their responsibilities under the TFWP.
Employers who fail to meet TFWP standards can face significant penalties, including warning letters, Administrative Monetary Penalties (AMPs) ranging from $500 to $100,000 per violation, with a maximum of $1 million annually. Serious violations could also result in temporary bans from the program, ranging from 1 to 10 years, or even permanent bans.
