Your paycheque is short again, your manager keeps your passport "for safekeeping," and when you ask about overtime, he reminds you that your work permit has his company's name on it. Many temporary foreign workers stay silent in situations like this because they think speaking up will cost them their status in Canada.
It usually won't. Workplace laws in Canada protect every worker, whatever their immigration status, and there are programs built for workers who are tied to one employer. Here are six things to know.
This is general information, not legal or immigration advice. Rules differ by province and by work permit, so check the official pages linked below, or speak with a lawyer or a licensed immigration consultant (RCIC) about your own case.
1. You have the same right to fair pay as everyone else
Each province and territory sets its own minimum wage and employment standards, and federally regulated sectors such as banking, telecommunications and interprovincial transportation follow the Canada Labour Code. You can check the current rate where you work in the Government of Canada's minimum wage database.
Employment standards apply to temporary foreign workers exactly as they apply to Canadians. You must be paid for every hour you work, including overtime where the law requires it, and you must receive the pay stated in your contract. Be careful if an employer calls you an "independent contractor": if they control how, when and where you work, you may legally be an employee with all of an employee's rights.
Nobody can charge you for your job
Since September 2022, federal rules prohibit employers from charging you recruitment fees, or from recovering them from your pay, and from using recruiters who charge them. According to Employment and Social Development Canada, an employer can't make you pay to get or keep your job, or to reimburse what they paid a recruiter. If someone asks you for money in exchange for a job offer or an LMIA, treat it as a scam and report it.
Some provinces add their own rules. In British Columbia, a recruiter who helps you find work must hold a licence from the province, most employers of temporary foreign workers must be registered, and neither can take your passport (Government of British Columbia). You can check both lists on that page before you sign anything.
2. A closed work permit limits your employer, not your rights
An employer-specific (closed) work permit names one employer, and often one job and location. To change employers, you usually need a new permit. It does not give your employer the right to underpay you, keep your documents or put you in danger.
An open work permit lets you work for almost any employer in Canada. The exceptions are employers on the government's ineligible list and businesses that regularly offer striptease, erotic dance, escort services or erotic massages.
If you hold an employer-specific permit and you are being abused, or are at risk of abuse, in relation to your job, you may qualify for an open work permit for vulnerable workers. According to IRCC, abuse includes physical harm, threats or insults, unwanted sexual comments or touching, controlling where you go or who you see, keeping money you earned, and retaliation for reporting work conditions. There is no fee to apply, and family members in Canada can apply once you have received the permit (IRCC fact sheet). The permit is temporary: it gives you time to find a new employer.
If you lose your job on an employer-specific permit
If your job ends, you must stop working right away, for that employer and any other, because your permit only covers that one job. You can usually stay in Canada until the "must leave by" date printed on your permit, but you can't work for anyone else until you are authorized (IRCC). Your options:
- Find a new employer and apply for a new employer-specific permit. Under a temporary public policy, you may be able to ask IRCC for permission to start the new job while your application is processed (IRCC, changing jobs or employers).
- Apply to extend your stay as a visitor while you search, knowing you can't work as a visitor.
- If you lost the job because you were abused, or are at risk of abuse, apply for the open work permit for vulnerable workers described above.
Ask your employer for your Record of Employment and any pay you are still owed, and contact an RCIC or a settlement agency quickly if your permit expires soon.
3. Harassment and threats about your status are abuse
You have the right to a workplace free from harassment, discrimination and violence. That includes unwelcome comments about your race, origin or religion, sexual harassment, bullying, and threats about your immigration status. Service Canada lists having your status threatened, your passport or documents kept from you, or not being allowed to leave your work site as forms of abuse it investigates.
The Canadian Human Rights Act prohibits discrimination on grounds including race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics and disability. It covers federally regulated employers; provincial human rights codes cover most other workplaces with similar protections.
If it happens to you, write everything down: dates, times, what was said or done, and who saw it. Report it to your supervisor or human resources if you feel safe doing so. If nothing changes, you can file a complaint with your provincial human rights body, or with the Canadian Human Rights Commission if you work in a federally regulated sector.
4. You keep your rights when you are sick, injured or on leave
Every province and territory provides job-protected leaves, such as sick leave, maternity and parental leave, family responsibility leave and bereavement leave. The length, and whether any of it is paid, depends on where you work, so check your provincial employment standards branch.
If you are hurt at work, report it to your employer right away, even if it seems minor, see a health professional and tell them it happened at work, and file a claim with your province's workers' compensation board. In British Columbia, for example, foreign workers can file a claim for an injury linked to their work in the province, and employers cannot discourage a claim or retaliate against the worker who files it (Government of British Columbia).
5. Where to file a complaint
Who you contact depends on the problem:
- Unpaid wages, overtime, leave or dismissal: your provincial or territorial employment standards branch (or the federal Labour Program for federally regulated work). You do not need a lawyer, and deadlines can be short, so file quickly.
- Unsafe work: your provincial or territorial occupational health and safety agency, which can inspect the workplace.
- Discrimination or harassment: your provincial human rights body, or the Canadian Human Rights Commission for federally regulated work.
- In Quebec: the CNESST handles both labour standards and workplace health and safety. Quebec also forbids employers and agencies from charging you recruitment fees, requires recruitment agencies to hold a CNESST licence and bars employers from asking you to hand over your passport.
- Abuse of a temporary foreign worker: Service Canada's confidential tip line, 1-866-602-9448, or its online report form. Live agents speak more than 200 languages, you do not have to give your name, and Service Canada will not tell your employer who made the report.
If you are in danger, call 9-1-1. Free settlement agencies can also help you understand your options and find legal support, for example the Workers' Action Centre in Toronto or ISSofBC in British Columbia.
6. Health care and benefits depend on your province and permit
Whether you can join your province's public health insurance plan depends on the province and on your permit. In British Columbia, for example, some work permit holders can qualify for MSP when their permit is valid for six months or more (Government of British Columbia). Check your province's rules as soon as you arrive, and buy private insurance for any gap. Our introduction to the Canadian healthcare system explains how coverage works.
As an employee, you also contribute to Employment Insurance and the Canada Pension Plan (or the Quebec Pension Plan) through your pay. Whether you can receive EI benefits depends on your situation, including whether your permit lets you work for another employer.
Back to the passport in the drawer
Your passport belongs to you, your overtime is owed to you, and a closed work permit does not change either fact. If something at work feels wrong, write it down, check the rules for your province, and use the tip line or a settlement agency if you need help.
For the permit side of working here, read our guide on where to get information about working in BC. If you want to plan your next career step in Canada, book a 15-minute consultation with our team; for your specific legal situation, speak with a lawyer or an RCIC.
