Understanding your rights as a temporary worker in Canada will prove to be fruitful while you gain meaningful work experience in the country. A high number of foreign nationals choose to work temporarily in Canada to add to their work experience.
As Canada’s temporary foreign worker, you must remember that your employer must respect your rights. The country provides certain rights and has governing laws and regulations the employer must adhere to when hiring you. This is how the country ensures safety at the workplace, fair incomes, and health insurance accessibility. Hence, before arriving in Canada, it is best to become fully aware of your rights as a temporary worker.
Being eligible as a temporary worker in Canada
Those seeking to work temporarily in Canada have access to numerous alternatives, including the Temporary Foreign Worker Program and the IMP. These two options enable foreigners to arrive in Canada and begin their work. The standard requirement for both these programs is to possess an employment offer from an employer in Canada. Typically, a job offer is crucial for acquiring a work permit in Canada. However, there are certain exceptions, such as Open Work Permits for recent international graduates, Canadian spouses, and youth exchange workers.
If you’re a temporary worker under these two programs, you must know your rights as a work permit holder. Both programs demand a job offer if they seek to receive a work permit. Individuals who arrive here under the temporary foreign worker program will have their job offer reviewed using the Labor Market Impact Assessment process. Conversely, the International Mobility Program is devoid of the LMIA requirement. However, all employers who provide work permits must submit their employment offer under the work permit application process.
Employer Adherence Guideline
If a Canadian employer seeks to recruit temporary foreign workers, they must undergo an application process where they proceed to submit the employment offer to the government officers for evaluation. Under this employment offer, they must incorporate the following things:
- The job position offered to the TFW;
- The employment’s location;
- Expected work duties;
- The number of hours they must work per week and
- The Wage they will receive.
The above details must be a part of the work permit application, and employers must attach it to their work permit information.
Once the employer issues the work permit, both the employer as well as the worker must comply with the work permit conditions. Foreign nationals must understand that by not complying with the work permit requirements, they will be at a disadvantage with all immigration applications in the coming years.
Meanwhile, they must also be aware that even the employers must comply with all the work permit conditions and the approved job offer. Additionally, an employer cannot legally ask employees to change their work location or position. They can’t pay a reduced income that doesn’t align with the income on the agreement or reduce the working hours as decided earlier. Employers recruiting temporary foreign workers might undergo employer compliance inquiries to ensure they fully adhere to several conditions.
What about the income provided to TFWs?
A Canadian employer is liable to pay the wage equivalent to Canadian standards to the temporary workers. This implies the same wage they would have provided to a Canadian in the same job title. The workers can verify the wage by the National Occupational Classification listing for the specific job position. In addition, they must cross-check the wage if they can access the regional wage information.
They often recruit employees under the TFWP through any of the following two streams:
- High-wage positions; and
- Lower-wage positions
The average median provincial wage determines the high and low wages. Higher provincial wages imply those above the average median provincial wage. Meanwhile, lower provincial wages are those below the average median provincial wage.
| Province/Territory | Wages before May 31, 2023 | Wages onwards May 31, 2023 |
|---|---|---|
| Alberta | 28.85 | 28.85 |
| British Columbia | 26.44 | 27.50 |
| Manitoba | 23.00 | 23.94 |
| New Brunswick | 21.79 | 23.00 |
| Newfoundland and Labrador | 24.29 | 25.00 |
| Northwest Territories | 37.30 | 38.00 |
| Nova Scotia | 22.00 | 22.97 |
| Nunavut | 36.00 | 35.90 |
| Ontario | 26.06 | 27.00 |
| Prince Edward Island | 21.63 | 22.50 |
| Quebec | 25.00 | 26.00 |
| Saskatchewan | 25.96 | 26.22 |
| Yukon | 32.00 | 35.00 |
Understanding your rights as a temporary worker in Canada – Rights of a lower-wage worker
Typically, the higher-wage workers recruited through the high-wage stream are in good financial condition to cover their housing and transportation expenses. However, the lower-wage workers might not be in the same condition. Therefore, they are subject to the following rights through their employer:
Housing
Employers must demonstrate that low-wage workers have access to budget-friendly housing. In a few cases, the employer might offer them housing or ensure these workers access it. The overall housing cost must not surpass 30 percent of the employee’s income before taxes.
Transportation
A low-wage temporary foreign worker will be able to cover transportation expenditures while traveling from their country of residence to Canada with the help of an employer. In addition, they will be able to get the cost coverage for their return to their home country after their employment ends in Canada. The employer will not have the right to deduct the transportation cost from the low-wage employee’s income.
Health Insurance
Employers are liable to ensure that low-wage temporary foreign workers get access to adequate health insurance. In a few circumstances, workers might receive health insurance under provincial or territorial health insurance policies. However, the employer must arrange private health insurance in several cases so that low-wage TFWs can purchase it.
Education
In June last year, a temporary measure was executed for three years (ending June 27, 2026). This measure enables workers to access full-time and part-time studies while they remain valid or the policy expires. Additionally, the length of the program has no limitations. Moreover, the temporary measure is applicable for work permit holders or those who have applied for their work permit renewal on or before June 27, 2026, and have legal permission to work. In situations where foreign workers seek to work further than their permissible work permit date, they must submit a study permit application.
Job responsibilities and working requirements
All employees working in Canada have protection rights to legally protect them against any type of exploitation at the workplace. A majority of occupations fall under the category of these protection rights for workers. These rights are related to employment conditions, working hours, compensation, and employment termination.
A worker who is subject to any kind of ill-treatment in their employment has the option to reach out to the Ministry of Labor to acquire further details. The ministry will be liable to take action against the Canadian employer.
The TFWs must also attain a provincial or territorial safety insurance plan for their workplace or an equivalent private insurance plan. Hence, if you feel you can contribute immensely to Canadian employment, you must consider applying for either an open work permit or a closed work permit.
If you seek information on how to begin your Canada immigration application process, you can talk to our MakeHomeCanada experts at 1-800-979-0509, or you can drop us an email at [email protected].
