Employment rights of a foreign worker in Canada

When we are doing a job search, we usually start with a lot of enthusiasm and longing to start a new work adventure that will give us the satisfaction of continuing to advance in our professional experience and thus expand our resume. Now, if we take on the challenge of finding that job offer abroad, we must keep in mind that we must know the labor laws of the country for which we are applying, since we could find ourselves with not very pleasant surprises if the employer is abusive and/or the work environment is disrespectful of our rights, which would make the excitement to sign that employment contract and start in that new position disappear very soon.

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That is why, if you have decided to apply for a job offer in Canada and suddenly things do not go as expected, you should know that there are elements and solutions that could help you not to be a victim of labor abuse.

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What are your employment rights in Canada?

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Generally speaking, the rights you have in Canada when you enter into an employment relationship with a Canadian employer are as follows:

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1. Your employer is required to provide you with information about your rights and to give you a signed copy of your employment contract before or on your first day of employment. This contract must be written in English or French. It is important to know that if you are not sufficiently fluent in either of these languages, then you should make sure that you get the necessary support so that you can understand the terms of the contract before you sign it.
2. Remuneration must be in accordance with the terms of the employment contract, including overtime (if stipulated in the contract), and must provide you with a respectful work environment, free from abuse and retaliation; comply with the labour and employment regulations of the province or territory where you will be working; purchase and pay for private health insurance to cover your emergency medical care while you are eligible for provincial or territorial insurance coverage (this is known as a "waiting period"); make reasonable efforts to provide access to health care services in the event that you are injured or become ill in the workplace.
3. Your employer cannot force you to perform work in unsafe conditions or work that is not authorized in the employment contract, nor can he/she force you to work if you are sick or injured. Your employer cannot pressure you or force you to work overtime if it is not included in the employment contract. 
4. On the other hand, it cannot penalize you if you make complaints about mistreatment, unsafe working conditions, inadequate accommodation, or cooperating in an inspection by a government employee; nor can it take away your passport or work permit or have you deported from Canada or have your immigration status changed; nor can it require you to reimburse any expenses incurred in your employment. 

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The employer will have to make reasonable efforts to provide you with access to a health professional, whether a doctor, nurse or pharmacist, and in order for this to be possible, the employer must provide you with the following facilities:

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• Allow time off to seek medical care.
• Ensure you have a telephone available to call the emergency service.
• Provide you with information on what to do and where to go for medical care.
• Help you arrange transportation to the health care provider's location.

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If your employer demands that you must work in unsafe conditions, then remember that you have the right to refuse until the following are met:

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• The hazard has already been eradicated and the problem factor no longer exists to cause the same or new hazardous conditions.
• You received the appropriate training and equipment.

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Please note that most provinces and territories offer workers' compensation benefits, i.e., payments to replace wages not received by the worker because of an injury or illness suffered as a result of his or her work. By law, the employer cannot prevent you from filing a claim for compensation.

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In the event of a disagreement with a health and safety situation, you must notify the Occupational Health and Safety Office for the province or territory in which you are working.

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In addition, the employer must make reasonable efforts to provide an abuse-free workplace. Neither the employer nor any other person representing the employer may commit physical, sexual, psychological, financial or any other type of abuse.

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How to recognize labor abuse?

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Abuse can take the form of retaliation, i.e., an action or threat such as demotion, disciplinary action, or termination if you reported your employer because you failed to comply with an item in your employment contract. So any behavior that instills fear, controls or isolates you could constitute abuse. 

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Here are some other examples of labor abuse:

• Working conditions conducive to physical harm.
• Threats and insults against him.
• Forcing you to work in unsafe conditions or in conditions that put your health at risk.
• Be made to have unwanted sexual contact.
• Control over where you can go or who you can see.
• Theft.
• Withholding of any money owed to you.
• Theft or withdrawal of your passport, work permit or any identification document and, in addition, refusal to return it.
• Forcing you to commit fraud.
• Dismissal, threat or disciplinary action against you for complaining about working conditions or abuses you have been subjected to, or for participating in an inspection carried out by a government employee.

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If you find yourself in any of these situations, you can report it by calling Service Canada 's confidential hotline at 1-866-602-9448 or, if you require urgent assistance, 911 or your local police.

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What should you do if your employer wants to terminate the employment relationship?

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In that case, he or she must give you advance notice that you will be terminated, otherwise he or she must pay you for early termination. In addition, the amount you must pay will depend on the time served and the province or territory in which you worked.

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Some employees do not dare to report to their employers when they find themselves in a situation of abuse or at risk of abuse because they are afraid of being expelled from Canada, but keep in mind that this is not going to happen, however, you should plan your protection strategies well; For example, you can resort to a license known as Open Work Permit for Vulnerable Foreign Workers who are Victims of Abuse, which will give you the opportunity to look for another employer who is free of the following signs:

• Should not appear as ineligible on the list of employers who have not complied with the conditions.
• You should not regularly offer jobs such as striptease, lap dancing, escort services or erotic massages, among other similar jobs.

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This permit is a temporary solution for you to get out of the abusive situation and find a new employer and apply for a new work permit.

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More information about your labor rights can be found at the following links: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/vulnerable-workers.html

https://www.canada.ca/en/employment-social-development/services/foreign-workers/protected-rights-es.html 

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If you have been a victim of labour abuse and need guidance on your case, you can get help from our specialized legal team at Immiland Canada by clicking on the link.

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With love,

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Immiland

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