Temporary foreign workers have the same rights and workstation security as enjoyed by any Canadian and permanent resident. In this article, we’ll share a list of rights all workers, including temporary foreign workers, have by law in Canada. Also, we’ll explore an option for vulnerable workers in Canada that are being abused or at risk of being abused.
Do you know that temporary foreign workers in Canada are entitled to the rights and workplace protection by law as any other Canadian? This ensures that everyone in the Canadian workforce is treated fairly and impartially.
Below, we outline the fundamental rights that apply to all workers in the country, including temporary foreign workers. We shall also explore the choices available for vulnerable workers who risk being abused or are already victims of abuse in the country.
Before submitting your work permit application, your employer must provide a copy of your employment contract. This is clearly mentioned on the IRCC’s website. The employment contract should be in either English or French and accurately mention the occupation, wages, and working conditions specified in your job offer. Both you and your employer must sign this agreement. Don’t overlook this vital aspect.
Certain rights protect your entitlements as a worker in Canada. There are a series of dos and don’ts your employer must follow.
The IRCC’s website states that if you sustain an injury or fall sick while at work, you must alert your supervisor immediately and seek medical attention. Your employer must facilitate and hasten to find a doctor, nurse, or pharmacist. You are also entitled to the following:
Please note that the employer is not obligated to cover the cost of transportation to the hospital. You also have the right to discuss your medical situation privately with the healthcare provider.
In the case of workplace safety, your employer cannot compel you to engage in dangerous work, nor can they withhold payment for the tasks you perform. They must address any reported hazards at work promptly.
If you encounter a dangerous situation, you have the right to refuse the work until both you and your employer have agreed on the following:
The employer must abide by the employment and health and safety laws. They must also provide proper training to ensure you can perform your job safely. If your role involves handling hazardous chemical products, they must supply you with the necessary equipment and training.
If you face abuse or potential abuse while working in Canada, you can apply for an open work permit for vulnerable workers. The permit allows such applicants to change jobs and work for any employer in the country. However, this permit is temporary and cannot be renewed.
To apply for an open work permit, you must be in Canada when making the application. You must also have a valid and active employer-specific work permit.
This step-by-step guide will assist you in this regard.
Apply Online: The best way to apply is through the online application process. You are required to provide compelling documents to support your claims. These include:
Not sure how to apply online? Approach enforcement organizations for like the Royal Canadian Mounted Police (RCMP), Canada Border Services Agency (CBSA), or Ministry of Labour in Ontario.
You can also seek assistance from the employment standards branches or divisions in Alberta, Prince Edward Island, British Columbia, Saskatchewan, Manitoba, and New Brunswick.
Labour standards divisions in Newfoundland and Labrador or Nova Scotia and the Commission des normes, de l’équité, de la santé et de la sécurité du travail (Quebec) can also provide quality support and assistance.
There is no processing fee to be paid for this application.
For more detailed information, you can book a consultation with us.
