One of the most common fears among Ontario’s immigrant community is losing their status in the country. It doesn’t matter whether the person arrived in Canada as a temporary worker, an asylum seeker, a permanent resident in the process of obtaining status, or even without regularized status. 

It feels the same whether you arrived two months or two years ago, and what's worse: it's very likely that at some point you've heard phrases like: 

"You'd better not say anything, or you might lose your job or your status." 

It's sad to see that this fear exists because it's exactly what an opportunistic employer needs to use to their advantage in a particular work situation. 

The question is whether the law allows him to do so…

In this blog post, I’ll explain the legal reality behind this unfounded fear, starting by noting that immigrants in Canada have labor rights regardless of their status. 

If this resonates with you, read on with me until the end and learn about the legal requirements that every employer must follow without affecting the employee’s immigration status.

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The law does not ask how the employee arrived in Canada

An employee's immigration status does not determine whether or not they have labor rights. They simply have them by law.

In Ontario, there are two main laws that protect all workers, regardless of their immigration status:

1. The Employment Standards Act (ESA), which establishes the minimum legal requirements that all employers must comply with. 

These are:

• Minimum wage. 
• Working hours.
• Breaks.
• Vacation.
• Pay-per-termination, and more. 

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The law makes no distinction based on immigration status!

The ESA applies to anyone working in Ontario, whether they are a citizen, permanent resident, work permit holder, asylum seeker, or even someone without legal immigration status. 

Note: If you worked, you are entitled to be paid in accordance with the law. If you are fired, you have rights both at the time of termination and while you are employed. 

Immigrants have rights under the law, and these rights must be respected. 

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2. Ontario's Human Rights Code, which prohibits employers from discriminating against you based on your place of origin, ancestry, ethnicity, or citizenship. 

This means that your boss cannot treat you differently from your native-born coworkers without giving you grounds for a complaint; nor can he deny you the legal right to a promotion; and he certainly cannot fire you for trivial reasons such as not being born in Canada, having a Latin American accent, or because your name “sounds foreign.” 

In short, discrimination is not a legal ground for dismissal, nor does it leave foreign nationals without protection from the government.

Nor are they left without support if they work under a permit through an immigration or temporary employment program. 

In fact, there is a third layer of protection: 

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3. The Employment Protection for Foreign Nationals Act (EPFNA). This law applies specifically to foreign nationals and explicitly prohibits employers or recruiters from charging them fees for securing employment, confiscating their passports or work permits, or intimidating them for asking about or asserting their rights.

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Law in Practice

The laws explained above mean that it doesn't matter which of these situations you're in:

• He is working under a closed permit, which is tied to a single employer in a specific province designated solely for that job.
• He is awaiting a decision on his asylum application.
• It has "in progress" status or has no documents.
• He's been in the country for three weeks or fifteen years.

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The law protects and ensures your right to receive the minimum wage, take your breaks, work no more than the maximum number of hours, and file a complaint with the Ministry of Labor if you are not paid what you are owed or if you are unfairly terminated. 

In addition, you have the right to file a complaint with the Human Rights Tribunal of Ontario if you have been discriminated against.

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"But if I complain, won't they tell immigration?"

This is the most common question I get in my practice. People tend to think that if they resolve their employment situation, they’ll then have to deal with immigration issues—to which I’ll respond with the utmost responsibility: 

It is illegal for your employer to threaten to report you to immigration or the CBSA for asserting your labor rights. In fact, that threat, in and of itself, is a violation of the law under the EPFNA. 

To put your mind even more at ease, neither the Ministry of Labor investigates wage complaints based on immigration status, nor does the Human Rights Tribunal of Ontario require the affected individual to disclose their status in order to file a discrimination claim. 

As an immigration lawyer, I understand perfectly why people feel that fear; after putting so much effort into getting here and staying in the country, the thought of being deported is overwhelming. 

But the legal reality and fear are two different things, and it’s worth understanding the difference before remaining silent in the face of an unjust situation.

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Find out what to do if you think your rights are being violated

In situations where your employer does or intends to do the following:

• Paying them less than the minimum wage.
• Making him work more hours than allowed without his consent.
• Withhold their passport or work permit.
• Treating someone differently because of their accent, background, or appearance.
• Threaten to "report him" if he complains.
• To fire him without giving him the notice or severance pay required by law.

Remember that the law is on your side; you don't have to handle this situation on your own, and you certainly shouldn't stay silent or fear losing your status or being deported. 

You should understand what you are legally entitled to and assert your rights. 

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At Immiland Law Professional Corporation, we are here to support you and handle your case with professionalism.

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Do you have questions about a specific situation at work and feel that it's jeopardizing your status?