Understanding the Rights and Responsibilities of a Temporary Worker

Sweet Mirasol • Feb 21, 2024

Canada has long been known as a country that is welcoming to immigrants, including temporary foreign workers. In fact, there are many rules designed to make sure temporary foreign workers have a positive experience in Canada. As a temporary foreign worker in Canada, it is important to understand your rights and responsibilities. Knowing what you are entitled to and what is expected of you will help make your time in Canada a success!


Please note: Immigration regulations are subject to change, and we cannot guarantee that this information is up-to-date. For up-to-date information, please visit the Government of Canada's website or speak with a Regulated Canadian Immigration Consultant.

 

Rights of Temporary Foreign Workers in Canada


Temporary foreign workers are covered by Canadian law, which safeguards the rights of all workers. You have the same protections as Canadians and permanent residents, regardless of your immigration status.

 

As a temporary foreign worker in Canada, you have the right to:

 

Be paid


Your employer must pay you for your work as stated in your employment agreement. This includes overtime work if it is included as part of your agreement. They must comply with provincial and federal laws regarding hours of work and overtime pay.

 

A Safe and Healthy Workplace


Your employer can not give you tasks that are not safe. Your employer is not allowed to fire you or stop paying you for saying no to an unsafe job. You are allowed to refuse the work until you and the employer agree that there is no more safety problem.

Your employer needs to follow safety laws. They must pay for the training and safety equipment you need to be safe. This is very important, especially if you work with chemicals.


For more information on reporting unsafe work, click here.

 

Not be discriminated against and a workplace free of abuse


You deserve to be treated fairly and with respect at work, no matter what your race, gender, religion, or any other factor. Employers should make sure your workplace is safe and free from any kind of harm, including physical, sexual, mental, or financial harm. Your employer or anyone who works for them should never hurt or punish you for telling them about something that's wrong. If you ever feel afraid, controlled, or alone because of something happening at work, it might be considered abuse.


For more information on harassment and violence, click here.

 

Be informed of your employment conditions


Employers are required to provide you with a written employment contract that outlines the terms and conditions of your employment on or before the first day of work. It must be in English or French (your chosen official language while in Canada). Both you and your employer must sign this agreement.

 

Rest periods and breaks


Taking breaks and resting during work is important to have a healthy and effective workplace. It is the employer's job to give enough breaks and rest time as the law requires. These breaks and rest periods serve to ensure that employees are not overworked and can maintain their physical and mental well-being, leading to increased productivity and job satisfaction.


For more information about rest periods and breaks, click here.

 

If you lose your job


Employers must provide reasonable notice before laying off employees. If they fail to do so, they must pay termination pay based on the length of employment and location. Those who lose their job through no fault of their own or due to abuse may qualify for Employment Insurance benefits.


For information about Employment Insurance visit the EI regular benefits page.

 

Access to healthcare


You have the right to access healthcare services in Canada, including medical treatment and emergency services. In the majority of cases, you are not required to pay for medical appointments or hospital treatment in Canada.


For more information on Canada’s healthcare, click here.

 

Changing Employers


You can change jobs, but your work permit may only let you work for your current employer. If you want to work for a new employer, you may need to apply for a new work permit, and your new employer would need to apply for a new Labour Market Impact Assessment from the Canadian government. This could mean going through the approval process again.


For more information on changing jobs or employers, click here.

 

Housing Rights


Workers in the Low-Wage and Primary Agriculture streams: If your job is in the Low-Wage LMIA category or in agriculture, your employer should give you a good and affordable place to live. Your employer can require you to pay rent, electricity, and water, but rules typically make this much cheaper than normal rent in Canada.


Workers in the Seasonal Agricultural Worker Program: If you're employed through the Seasonal Agricultural Worker Program, your employer must provide you with appropriate housing without charge (except in British Columbia, where they can deduct housing costs from your pay). Your employment agreement should detail all allowable deductions, which vary depending on the province. For individuals from the Caribbean or  Mexico, housing and utility expenses should be included in their contracts.


For more information on housing rights, click here.

 

Responsibilities as a Temporary Foreign Worker in Canada


As a temporary foreign worker in Canada, you also have certain responsibilities. These include:


  • Complying with Canadian laws: You must comply with all Canadian laws, including those related to employment, immigration, and taxation.
  • Reporting to work on time: You are expected to report to work on time and be reliable.
  • Following workplace policies and procedures: You must follow the policies and procedures established by your employer, including those related to safety, attendance, and performance.
  • Respecting Canadian culture and values: You are expected to respect Canadian culture and values, including the rights of others and the laws of the land.
  • Paying taxes: You are required to pay taxes on your income earned in Canada.
  • Leaving Canada at the end of your work permit: You are required to leave Canada when your work permit expires, unless you apply for an extension or apply for permanent residence.
  • If you have a work permit that’s about to expire or that you need to change, you must apply to extend it or change the conditions on it.


You should apply to extend your work permit at least 30 days before your current permit expires.

If your work permit expires while your application is being processed, find out if you can keep working or consult with a Regulated Canadian Immigration Consultant.

 

As a temporary foreign worker in Canada, it is important to understand your rights and responsibilities. By knowing what is expected of you and what you are entitled to, you can ensure that your experience in Canada is a positive one. If you have any concerns or questions about your rights or responsibilities, there are resources available to help you, including government agencies, community organizations, and legal services. Ready to ensure your experience as a temporary foreign worker in Canada is a positive one? Contact us now to speak with an experienced immigration consultant who can help you navigate your rights and responsibilities.

What's the difference between an immigration lawyer and an RCIC?

By Sweet Mirasol • 08 May, 2024
When you're moving to Canada, choosing the right help is key to a successful immigration process. Two common professionals you might consider are an immigration lawyer and a Regulated Canadian Immigration Consultant (RCIC). It's important to understand how they differ so you can make the best choice for your needs. What is an Immigration Lawyer? An immigration lawyer is a qualified attorney who knows a lot about legal issues. They have studied law extensively and are allowed to represent you in court. This knowledge is especially helpful if you have a complicated case, such as an appeal against a denied application or if you're dealing with legal issues that could impact your immigration status. What is an RCIC? An RCIC specializes in immigration advice and services for Canada. They are not lawyers, but they have good training in Canadian immigration law. RCICs are approved by the Canadian government to help people with their immigration applications. This includes filling out forms correctly and making sure you have the right documents. Key Differences Education and Licensing: Lawyers go to law school and must pass tough exams to practice law. They understand broad legal concepts that can apply to many areas, including immigration. RCICs take specific courses in immigration law and must pass an industry-specific exam. They are experts in immigration procedures but do not handle legal representation beyond administrative immigration proceedings. 2. Services Offered: Lawyers can go to court, interpret and apply immigration laws, and deal with complex legal issues. They can handle any legal disputes, represent you in hearings, and provide legal advice. RCICs focus on the administrative side of immigration, like helping you fill out applications correctly, advising on the best immigration programs, and ensuring your documentation is complete. They do not represent clients in court. 3. When to Choose Which? Choose an immigration lawyer if your situation involves legal complexities, if you need legal representation, or if you anticipate challenges that may require defending your rights in court. Choose an RCIC if your needs are straightforward, such as applying for visas, work permits, or permanent residency without any legal hurdles. Making Your Choice Decide based on your specific needs. An RCIC is excellent for most immigration streams, like work permits and permanent residency, given their focus on Canadian immigration rules. For legal complexities or challenges, an immigration lawyer can offer crucial legal assistance. Whether you need straightforward application guidance or legal advice for more complex immigration issues, choosing the right professional is your first step towards a successful move to Canada. If you're ready to begin, visit Immigrate to connect with top immigration experts. Let's make your Canadian dream a reality—get started today!

Understanding LMIA-Approved and LMIA-Pending Jobs in Canada

By Sweet Mirasol • 08 May, 2024
When Canadian employers need to hire workers from other countries, they often navigate a process involving a Labour Market Impact Assessment (LMIA). This assessment is crucial for ensuring that the hiring of a foreign worker does not negatively impact the Canadian job market. Here, we’ll explore what LMIA-approved and LMIA-pending jobs are, and why they matter to both employers and international workers. What is an LMIA? An LMIA is a document required by Canadian employers who want to hire foreign workers. It proves that there is a genuine need for a foreign worker to fill a job and that no Canadian worker is available for the position. What is an LMIA-Approved Job? An LMIA-approved job is one where the Canadian government has given a positive or neutral assessment. This means the government agrees that: No suitable Canadian candidate was found to fill the role. Hiring a foreign worker will not negatively affect the Canadian workforce. Benefits for workers: A positive LMIA is crucial for obtaining a Canadian work permit and can significantly enhance a foreign worker's prospects for permanent residence in the future. Benefits for employers: It allows the legal employment of a foreign worker, helping to fill critical workforce gaps. What is an LMIA-Pending Job? An LMIA-pending job is a position for which an employer has applied for an LMIA but has not yet received approval. During this time, the job cannot be filled by a foreign worker, and the outcome of the application is still uncertain. Process Overview: Job Advertising: Employers must demonstrate they have tried to hire Canadians first by advertising the job locally. LMIA Application: The employer submits a detailed application to Service Canada. Government Assessment: Officials review the application to decide if a foreign worker should be hired. Implications of an LMIA-Pending Job: For workers: You cannot apply for a work visa based on a pending LMIA job offer. But, it may be worth applying for the job itself during this stage once the LMIA is approved it might be the employer fill the position already. For employers: There is a waiting period where they cannot proceed with hiring the foreign worker until approval is given. Why Does This Matter? For foreign workers, understanding the status of your job offer (LMIA-approved versus LMIA-pending) is key to planning your immigration and employment strategy in Canada. An LMIA-approved job simplifies obtaining a work visa and paves the way for permanent residency. For employers, navigating the LMIA process efficiently is essential for meeting labor shortages and planning business operations effectively. Whether you are a prospective international worker aiming to live and work in Canada, or an employer looking to fill a vacancy, knowing the difference between LMIA-approved and LMIA-pending jobs is crucial. This knowledge helps in making informed decisions about employment and immigration, ensuring compliance with Canadian laws and smoothing the path to achieving your goals in Canada. If you're an employer looking to navigate the LMIA process, or an international worker seeking opportunities in Canada, we're here to help. At Immigrate, we connect Canadian employers and international workers with top immigration experts to ensure a smooth, successful path to achieving your immigration goals. Don't wait to start your journey. Visit immigrate.biz today to learn more about our services and how we can assist you in turning your Canadian dream into reality. Join us and give yourself the best chance of success in the Canadian job market! Start Your Journey with Immigrate
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