Protection and rights of vulnerable workers in Canada

Everyone at work wants a promotion, good pay, bonuses, even status through hierarchy, etc., but unfortunately this is not always the case. It turns out that there are disadvantaged groups that often present obstacles to achieve this and do not even have access to something as basic and human as, for example, health care, going to the extreme of being a "vulnerable worker"! This can happen here in Canada and in any country in the world.

As a Canadian immigration lawyer, I want to touch on this topic of interest to any worker who is suffering abuse at work. Join me in reading this Immiland Canada blog dedicated to vulnerable workers and their rights. Let's get started!

The first thing I want you to know is that there are laws and protections here specifically designed to safeguard the rights of these vulnerable workers, who often face increased risks of exploitation and abuse. Now, to know what exactly makes them vulnerable, let's define who they are.

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Who are the vulnerable workers?

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Vulnerable workers are those who due to their immigration status, language, skills or socioeconomic status are at a higher risk of being exploited or treated unfairly in the workplace. This group includes, but is not limited to:

• Migrant and temporary workers: who are often dependent on their employers for work permits, which can lead to exploitative situations.
• People with language barriers: i.e., those who are not fluent in English or French (Canada's two official languages) and may not fully understand their employment rights or how to assert them.
• Low-income workers: sadly, these workers may feel compelled to accept unfair working conditions for fear of losing their jobs.
• People with disabilities: it seems unbelievable, but many times this population group is discriminated against or suffers from a lack of reasonable accommodations in the workplace.
• Young people and students: the lack of work experience of this valuable sector often leads them to be paid less than what is established by law or to be offered less job protection.

Are you a worker in Canada and are you on this list? If so, read on to recognize the most common issues that can make you vulnerable.

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What are the most frequent problems faced by vulnerable workers?

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Vulnerable workers may face a number of challenges compared to others who for various reasons, such as their permanent resident status, the advantage of an open work permit, fluency in English or French, high academic level, etc., do not experience them. Here are 4 common challenges faced by vulnerable workers:

1. Labor exploitation: includes the payment of wages below the legal minimum, unpaid overtime, and dangerous or unhealthy working conditions.
2. Discrimination: based on ethnicity, gender identity, disability, immigration status or age.
3. Harassment and abuse: although hard to believe, this mistreatment can be physical, verbal or sexual, and often goes unreported for fear of retaliation.
4. Lack of awareness of rights: many vulnerable workers are not aware of their labor rights or how to access legal assistance.

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How to get out of abuse or harassment at work?

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There is a permit for vulnerable workers!

Attention to this fact: in Canada, workers with closed work permits, which are those who are tied to a single employer, can live very unfair and precarious conditions, but be aware that, if a worker can prove that he has been a victim of harassment, labor abuse or has been fired in an unjustified manner, he has the option to apply for an open work permit under the category of vulnerable workers. This permit allows you to leave your current job and work for any employer in Canada, protecting you from possible retaliation and helping you escape this exploitation.

The open work permit then becomes a crucial tool to protect the rights of the most vulnerable workers and ensure that they are not forced to remain in abusive jobs due to lack of options. 

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In Canada, the open work permit even allows you to change provinces! Learn more.

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Legal protections for vulnerable workers in Canada

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Canada has a robust legal framework designed to protect all workers, including the most vulnerable. Here are some of the most important protections:

1. Labor laws: Labor laws, both federal and provincial, establish minimum standards for wages, hours of work, days of rest, paid vacations, and safe working conditions. These laws apply to all workers, regardless of immigration status.
2. Minimum wage: each province and territory in Canada sets its own minimum wage, and it is illegal to pay workers below this amount.
3. Protection against discrimination: Canadian legislation, including the Canadian Human Rights Act and the Human Rights Code of each province, prohibits discrimination in the workplace.
4. Protection for migrant workers: Temporary migrant workers have rights under Canadian law, including fair wages, safe working conditions and access to health care. In addition, recent reforms have strengthened protections against abuse and exploitation.
5. Vulnerable Workers Visa: Workers with closed work permits can apply for an open work permit if they are victims of abuse, harassment or unjustified dismissal. This permit gives them the freedom to change employers and seek a safer and fairer work environment.

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Are you suffering mistreatment from your employer in Canada and need help? At Immiland Canada, we can assist you. Here is a new service for workers.

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Immiland Law Services

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At Immiland Law, we offer comprehensive assistance to vulnerable workers in applying for this special work permit. Our team is committed to protecting their rights, and we can help them find a safe and respectful work environment. Schedule a legal consultation here.

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Immiland's recommendations for action in the event of violation of rights

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Now that you are aware of this vulnerable worker classification and the protections that accompany it, do not hesitate to assert your rights. Our first recommendation will always be to empower yourself under informed knowledge from safe, reliable and law-abiding sources. The following is summarized in three important steps:

• Document what happens in your work environment: this includes keeping a record of your working hours, payments received or to be received, and any incidents of abuse or exploitation that have made you feel exposed.
• Seek legal advice: this action is necessary so that you can correctly understand the steps to follow. A lawyer specialized in labor or immigration law is the best person to help you, since with his or her guidance you will have a much clearer understanding of your rights and options.
• Contact a support organization: there are many organizations in Canada dedicated to helping vulnerable workers. They can offer advice and, in some cases, legal representation.

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Thank you for reading this article. I hope this blog will help you understand your rights and remember that if you need to know if you are eligible for a vulnerable worker visa, you can write to us at info@immilandcanada.com.

If you liked this blog, we would love to hear your feedback and comments on our social networks, so you can help us spread the word about your employment rights in Canada!

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With love,

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Immiland