Every year, many foreign nationals move to Canada to work temporarily & gain valuable experience. As a temporary worker in Canada, one has certain rights that the employer must respect. Also, there are rules & regulations ensuring that one has access to fair wages, health insurance, & employment safety. 

So, before arriving in Canada, ensure that you understand your rights as a TFW, i.e., temporary foreign worker in Canada. 

Becoming Temporary Workers In Canada

Canada has various options for people who wish to come to the nation to work. Both TFWP & IMP help foreigners to come to Canada to work. One common thread with these programs is that to be eligible, a foreign worker should have already obtained an employment offer from a Canadian employer. Generally, one needs a job offer to obtain a work permit. However, exceptions to this exist. For instance, open work permits are available to recently graduated international students, youth exchange workers, & spouses of Canadians. 

Well, it is vital to know your rights if you have obtained a work permit through either TFWP or IMP. Both programs require foreign nationals to have a job offer to obtain a work permit. 

Moreover, for those coming via TFWP, the LMIA process reviews the job offer. The International Mobility Program does not require LMIAs; thus, companies must submit their employment offer when applying for work permits.

Employer Compliance Protocols 

Employers must apply for temporary workers in Canada and submit their offers to government officials. The company will list the position, expected duties, location, and weekly hours in this offer. The work permit application will include this information/data and attach it to the employee’s work permit details.

Once the authorities issue a work permit, both the employees & the Canadian employer must adhere to the work permit conditions. Foreign nationals must know that violating permission terms could jeopardize future immigration applications. International applicants must know that the employer follows the work permit and approved offer of employment criteria.

The employer cannot pay a lower wage than agreed upon in the employment offer & require the foreign national to move. These circumstances may be checked via employer compliance inspections for temporary foreign workers.

Wages 

When hiring temporary workers in Canada, an employer must pay the workers at least the same wage that a Canadian would get to work in the same position. The employer can determine wage by examining the NOC wage listing for the position & cross-referencing it against the regional wage information. 

Moreover, employees hired through TFWP are always hired in one or two streams, either the stream for high or low-wage positions. Well, high-wage & low-wage positions are determined based on the median average wage by province. High-wage positions are those who are paid above the provincial median salary. On the other hand, low-wage positions are those paid below the median provincial wage. 

Low-Wage Worker Rights 

It is expected that temporary workers in Canada hired through the high-wage stream will be able to support their lifestyle in terms of housing & transportation financially. However, this is not the case for low-wage workers. 

For this reason, there are three specific areas where low-wage workers can expect some rights to be afforded by their employer.  

• Housing

Employers must make sure that low-wage temporary workers in Canada have access to suitable & affordable housing. In some cases, the employer might provide these accommodations, while in other cases, the employer will ensure that the employees are able to access them. The total cost of housing cannot exceed over 30% of the employee’s/ worker’s income before taxes. 

• Transportation

Employers should cover the cost of transportation for any low-wage temporary foreign worker to travel to Canada & further travel back to their country of residence at the end of the employment period. Well, this cost cannot be deducted from an employer’s income. 

• Health Insurance

Employers must ensure that low-wage workers have proper health insurance. In some cases, workers might be covered by territorial & provincial health insurance policies. However, in many cases, this will require the Canadian employer to arrange the purchase of private health insurance. 

• Study 

With a three-year temporary measure, implemented in June 2023 & ending on June 2, 2026, workers can study full-time/ part-time while their work permits are valid or until the expiration of the program. Well, there are no restrictions on the program’s length. This temporary measure applies to applicants who have a valid work permit or have submitted an application in order to renew their work permit before June 7, 2023, & are authorized to do work. If a foreign/ international worker wishes to study for a longer/ extended duration than their work permit allows, they will need to apply for a study permit.  

How To Get A Work Permit 

If you feel that you’d make an excellent addition to an employment team in Canada, then you should consider getting a Canadian work permit. Well, there are two types of work permits, i.e., open work permits & closed work permits. 

Also, if you are considering making Canada your permanent home, you might want to consider immigration programs specifically designed for skilled workers to become Canadian permanent residents. For instance, the Federal Skilled Workers Program, contained under the Express Entry system, enables foreign nationals to move to Canada & offers them the right to live & work anywhere in the nation. 

Conclusion

Understanding your rights as a temporary foreign worker is crucial for fostering fair as well as equitable employment practices. Moreover, acknowledging these rights safeguards temporary workers’ well-being and contributes to a more just & inclusive labor landscape. 

By empowering temporary workers with the knowledge about their rights, Canada can further strengthen its commitment to upholding human rights & promoting dignity in the workforce. Thus, well-informed & protected temporary foreign workers contribute to a thriving & harmonious employment environment.