Embarking on a journey to work in a foreign land brings excitement, opportunities, and a chance for personal and professional growth. For those venturing into employment in Canada through the International Mobility Program (IMP), the prospect of contributing to a vibrant and diverse workforce is undoubtedly thrilling.
However, navigating the unfamiliar terrain of employment rights is crucial amidst the anticipation. This article will unravel the threads of rights and protections woven into the fabric of the Canadian workplace for temporary foreign workers.
Your Rights as a Temporary Foreign Worker
As a temporary foreign worker in Canada, you are afforded certain rights and protections under the International Mobility Program (IMP). These rights make sure that you are treated fairly and equitably in the Canadian workplace, mirroring the rights of permanent residents and Canadian citizens. Here’s an overview of your fundamental rights:
- Equal Treatment: Seize the opportunity to be treated equally. As a temporary foreign worker, you’re entitled to the same rights and workplace protections as your Canadian counterparts. Your employer must equip you with information about your rights and furnish you with a signed copy of your employment agreement before you even apply for that crucial work permit.
- Fair Compensation: Your efforts deserve fair recognition. Your employer must adhere to the terms in your employment agreement, ensuring you receive just compensation, including overtime, if specified. It’s not just a job; it’s a commitment to recognizing your worth.
- Safe Workplace: Your well-being matters. You have the right to a workplace free from abuse and reprisals. Your employer must uphold the employment and recruitment standards of the province or territory, guaranteeing your access to healthcare services in case of injury or illness.
- Protections Against Unfair Practices: Stand tall against injustice. Your employer cannot coerce you into unsafe work, work outside the scope of your agreement, or push you to work when you’re sick or injured. Reporting mistreatment, unsafe conditions, or cooperating with government inspections comes with the assurance that retaliation is strictly forbidden.
- Freedom from Passport Seizure: Your journey is in your hands. Your employer cannot strip you of your passport work permit or change your immigration status. Significantly, they cannot burden you with repaying recruitment fees. Your path in Canada is paved with fairness, respect, and your right to thrive.
Your Employer Cannot:
- Force Unsafe Work: Employers cannot compel you to perform unsafe tasks or work not specified in your employment agreement.
- Retaliate for Reporting: Employers cannot punish you for reporting mistreatment, unsafe conditions, or cooperating with government inspections.
- Confiscate Documents: Employers cannot take away your passport or work permit.
- Change Immigration Status: Employers cannot deport you or alter your immigration status.
- Charge Recruitment Fees: Employers cannot make you pay back the recruitment fees they incurred to hire you.
Your Employment Agreement
Before applying for a work permit, your employer must provide you with a copy of your employment agreement. This document, which must be in English or French (your selected official language in Canada), is a crucial reference. Both you and your employer must sign this agreement, ensuring it aligns with the details of your job offer, including occupation, wages, and working conditions.
Access to Health Care Services
Seeking health care does not necessitate your employer’s permission. If you are injured or unwell at work, promptly inform your supervisor and seek medical attention. Your employer must facilitate access to a healthcare provider by allowing time off, providing a means to call emergency services, offering healthcare information, and assisting in reaching the healthcare provider.
It’s important to note that your employer is not obligated to cover transportation costs for healthcare services.
You can speak privately with a healthcare provider without involving your employer.
Health and Safety at Work
Your employer cannot compel you to engage in dangerous work and must not withhold payment for your services. In case of reported dangers at work, your employer is obligated to investigate.
You have the right to refuse work until an agreement is reached with your employer, ensuring the removal of danger, providing proper equipment and training, or resolving the issue.
Your employer must adhere to employment laws and health and safety regulations, providing necessary training and equipment, especially when dealing with chemical products.
Workers’ compensation benefits are available in most provinces and territories to compensate for lost wages due to work-related injuries or illnesses.
Your employer cannot impede you from filing a workers’ compensation claim. Contact your local employment or labour standards office for more information on these benefits.
Workplace Free of Abuse
Employers must maintain a workplace free from abuse, which includes physical, sexual, psychological, or financial mistreatment. Any behavior that induces fear, control, or isolation is considered abusive.
Examples include physical harm, threats, unsafe work practices, unwanted sexual advances, control over your movements, theft, withholding owed wages, and the confiscation of personal documents.
If you experience abuse or are at risk, you can report it to Service Canada’s confidential tip line at 1-866-602-9448. In emergencies, contact 9-1-1 or your local police. Additionally, if you’re facing abuse, you may be eligible to apply for an open work permit for vulnerable workers to help you exit the abusive work situation.
Job Loss and Changing Employers
You may qualify for employment insurance benefits in the event of job loss. Changing employers is allowed, but it’s essential to note that your work permit may limit you to your current employer. If you plan to work for a different employer, you may need to apply for a new work permit.
The new employer might be required to undergo a Labour Market Impact Assessment or submit a job offer through the Employer Portal. Explore job opportunities with Canadian employers through the Government of Canada’s Job Bank.
Understanding and asserting these rights is pivotal for a positive and secure experience as a temporary foreign worker in Canada. These guidelines ensure fairness, safety, and dignity in the workplace, fostering a welcoming environment for all workers.
Conclusion
Understanding your employment rights in Canada as a temporary foreign worker is crucial for a positive and secure work experience. The International Mobility Program ensures that all workers, regardless of origin, are treated fairly and with dignity. If you find yourself in an abusive situation or need assistance, there are support systems in place to help you. Being informed and aware can contribute to a safe and respectful work environment in Canada.
Empower your work journey! Know your rights as a temporary foreign worker in Canada. Seek support if needed. Create a safe and respectful work environment. Act now!
Feel free to reach out to MICS Global and arrange an initial private consultation. During this session, we’ll explore your specific needs in-depth and offer personalized insights to guide you on your journey. We look forward to connecting with you.
