Know Your Rights as a Temporary Worker in Canada!

Every year, many migrants travel to Canada on a temporary basis to gain some valuable Canadian work experience. As a temporary foreign worker in Canada, you have certain rights which your employer must respect. These include rules and regulations regarding access to fair wages, health insurance, and employment safety. Before landing in Canada as a temporary worker make sure that you are well aware about your rights!

How to Become a Temporary Foreign Worker in Canada?

Canada offers range of working opportunities to the people who wish to live and work in the foreign land. The visa options like Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP) help the potential applicants to come to Canada to work. The prime eligibility requirement to apply for these visa categories is an applicant must job offer-letter in hand from a Canadian employer. The offer letter is required in order to obtain a work permit. Although, there are some exceptions like open work permit is given to international students, youth exchange workers, and spouses of Canadians.

This article will focus on the rights which you are entitled to receive after getting work permit through either Temporary Foreign Worker Program or the International Mobility Program. Both, these programs require a job offer letter in order to receive a work permit. For the applicants applying through TFWP, the job offer letter will be reviewed through the Labour Market Impact Assessment (LMIA) process.

Rights as a temporary worker in Canada are:

1. Employer Compliance Protocol

If an Employer wants to hire a foreign worker, then in such a case Canadian employer must go through an application process where the offer of employment will be submitted to the Canadian government officials for review. With this offer letter, an employer will also submit the job position, expected work duties, location of employment, along with the expected number of hours to be worked per week and the expected wages to be given. The above mentioned information will be included in the work permit application and attached to the work permit details of the employee.

After issuing of a work permit, it is mandatory for both the employer as well as an employee to adhere with the conditions of work permit. Foreign national must also keep in mind that jeopardizing work permit conditions may risk their future immigration applications permanently. However, foreign nationals should also be aware that it is equally important for their employer to adhere with the conditions set for the work permit.

The following conditions must be ensured by the employer:

• The employer is not legally able to pay a wage lower than what was agreed upon in the offer
• Number of working hours per week cannot be reduced
• Cannot ask the potential applicant to employment location or employment position

2. Wages:

When offering wages to the foreign worker, an employer must offer or pay the temporary foreign worker the same wage that a Canadian would get to work in the same position. This wage can be dogged by examining the National Occupation Classification (NOC) code.

The employees hired through the Temporary Foreign Worker Stream are always hired in either High-wage positions or low wage positions.

Low Wage Worker Rights:

There are three prime reasons where low-wage workers can expect certain rights to be given by their employer:

• Housing:

Employers must ensure that the low-wage foreign workers have the access to suitable and affordable housing. In certain cases, the employer provides the accommodation, while in other cases; the employer sees that the employee is able to access the accommodation facility. The total cost of the housing should not exceed 30% of the worker’s income before applying taxes.

• Transportation:

The cost of transportation must be covered for the low-wage worker by the employer. The cost coverage includes travel from the workers home country to Canada, as well as travelling back to the home country at the end of the employment period. This cost is exclusive from an employee income.

• Health Insurance

Employers must safeguard the low-wage workers health insurance. In some cases, workers may be covered by provincial or territorial health insurance policies, but majorly the employer’s arrange the purchase of private health insurance.

3. Job Duties and Working Conditions:

All the workers permanent as well as temporary who are employed in Canada are protected by law against exploitation.  Most of the occupations are covered at the state and territorial level to protect the rights of workers in the area of working hours, employment conditions, compensation, and employment termination.

Any employee who feels they have been treated unfairly in their employment can consult the Ministry of Labour to get information on how to take action against their employer.

How to get a work permit?

If you are confident of making a strong addition to any employment team in Canada, then you must consider the chance of getting a Canadian work permit. There are two types of work permit- open work permit, where an employee can work for any employer and closed work permit where you can only work for a single employer.

Additionally, there are other visa categories like Federal Skilled Worker Program which includes Express Entry system that allows foreign workers to live and work in Canada on permanent basis.

Hence, you may fill the free assessment form and let the visa experts of Aptech Global call back to you. Additionally, you may also connect to one of the experts at 7503832132 or simply write to info@aptecvhvisa.com