How much longer will we keep hearing false statements like these in Canada?
How much longer will foreign workers continue to be deceived with the phrase, “It’s to process your paperwork,” when in reality all they’re doing is holding onto their documents!
If you came to the country as a foreign worker, a refugee applicant, or on any type of temporary permit, it’s likely that at some point someone has said one of these things to you—whether it was an employer, a recruiter, or even your own coworker.
But what they're saying isn't true!
There are specific laws in Ontario designed to protect foreign workers from this type of language and abuse.
In this blog post, I'll explain how Canadian labor laws protect you from five actions your employer is not allowed to take—regardless of your status, the type of work permit you hold, or any documents you may have signed.
In Ontario, if a recruiter or employer charges you or asks you to pay to help you get the job, they are engaging in an illegal act.
The Employment Protection for Foreign Nationals Act (EPFNA), a law that protects foreign workers, prohibits any recruiter from charging a foreign worker fees for services related to securing employment, whether directly or indirectly.
Nor is your employer allowed to attempt to recoup those costs by deducting them from your wages, even if the original charge was made by a third party.
IMPORTANT: If you paid to get your job, know that there is a legal way to claim that money back; in fact, there have been recent cases in Ontario where courts ordered that more than $150,000 be returned to workers who had paid illegal fees.
Your employer or recruiter may not take away or keep any of your personal documents, including your passport, work permit, birth certificate, or any other form of identification.
These documents represent your most important immigration protections.
Sometimes, under the pretext that “it’s to process your paperwork,” “it’s for security reasons,” or “it’s company policy,” employers take this documentation and even withhold it, which constitutes a direct violation of the law—not merely an “administrative procedure.”
NOTE: If your employer currently has your documents, rely on the law. You have the right to get them back.
If you decide to ask about your rights, file a complaint, or simply ask for an explanation regarding your working conditions, your employer cannot fire you for doing so or punish you by reducing your pay, nor can they try to intimidate you with common threats such as:
"I'm going to report you to immigration" or "I'm going to revoke your permit."
This type of intimidation is specifically prohibited by law.
This protection also covers situations that may be considered minor. For example, if you asked a question about the respect for your rights, even without having filed a formal complaint.
In Canada, you do not need to have initiated legal proceedings to be protected against retaliation. The law applies automatically.
No contract, verbal agreement, or document you sign can cause you to waive your rights under Ontario law, even if you “voluntarily agreed” to it.
It doesn't matter if the contract was written in English and you had no way of fully understanding it when you signed it.
This applies both to your protections as a foreign worker and to your basic rights under the Employment Standards Act:
- Minimum wage, hourly limits, overtime, breaks.
NOTE: Any clause that attempts to take away any of these rights is simply invalid, no matter how many signatures it has.
Factors such as a worker’s place of origin, ancestry, ethnicity, or citizenship are not requirements for hiring, granting a promotion, maintaining respectful interactions in the day-to-day workplace, or justifying different treatment in the event of a termination.
Under Ontario’s Human Rights Code, no employer may rely on these factors to justify treating an employee differently.
Nor can you use your accent as an excuse to justify whether or not you fulfill your roles, nor can you accept comments about “Canadian experience” used to rule you out for the position.
There is no room for any form of mockery related to an employee's background. The law protects everyone equally and does not depend on a specific type of immigration status; it applies to anyone who works in Ontario.
In the workplace, no foreign national should fear their employer's threats to use immigration information against them.
These five protections apply regardless of whether a foreign national has "perfect" or resolved immigration status.
You do not need to disclose details about your immigration status to file a complaint with the Ministry of Labor, nor do you need to be a citizen or have permanent residency to be protected by these laws.
At Immiland Law, we understand that foreign workers may fear losing their status, which can lead them to tolerate injustices, but this should not be the norm.
No employer is above the law, so you can rest assured.
If you're unsure how to proceed, seek expert advice. Our team of attorneys and licensed consultants is available to assist you.
Are you facing an unfair work situation in Canada?
Please fill out this form and provide us with the details so we can determine whether we can represent you.
At Immiland Law, we're here to help you settle in Canada legally and protect your rights.
I hope this information gives you peace of mind and helps you know how to proceed correctly.
With love,
Immiland Law Professional Corporation
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