As a newcomer planning to work and settle in Canada, you must be familiar with the rules and regulations of the country. It is highly recommended to go through your Employment contract thoroughly, either by yourself or with external help.
No matter in which category you fall: migrant worker, permanent resident or temporary foreign worker, you must understand the employment agreement details, healthcare services for workers, addressing workplace injuries and illnesses, handling job loss, changing employers and so on.
What Rights do workers have in Canada?
Canadian law protects every worker's rights, giving temporary foreign workers the same protections as Canadian citizens and permanent residents.
Let us explore the rights of workers in Canada that ensure a fair workplace:
As an employer, they must provide the following details to the worker:
· Inform you about your rights as a worker.
· Supply a signed copy of your employment agreement by your first workday.
· Pay you as stated in your employment agreement, including overtime if applicable.
· Ensure a workplace free from abuse and retaliation.
· Follow employment and recruitment standards of the relevant province or territory.
· Cover private health insurance, including emergency care, until you qualify for provincial or territorial health insurance (exceptions may apply).
· Facilitate access to healthcare services if you are injured or fall ill at work.
As an employer, they are not supposed to:
· Make you perform unsafe tasks or work outside the scope of your employment agreement.
· Force you to work while you are unwell or injured.
· Coerce you into taking on additional hours that are not part of your employment agreement.
· Take adverse action against you for reporting mistreatment, unsafe conditions, inadequate housing, or cooperating with government inspections.
· Request repayment for any recruitment costs incurred in hiring you.
· Confiscate your passport or work permit.
· Remove you from Canada or change your immigration status.
Why is it important to understand your employment agreement in Canada?
As a newcomer, here are some essential points to keep in mind:
· You should receive a copy of your employment agreement from your employer by your first day of work.
· Ensure the agreement accurately represents the job title, salary, and working conditions outlined in your job offer.
· The agreement must be provided in either English or French, allowing you to choose your preferred language.
· Both you and your employer must sign the agreement for it to be valid.
· Be aware that the contract is not enforceable if either party is forced or coerced into signing.
What Healthcare services are available to workers in Canada?
In Canada, every worker has a fundamental right to access healthcare. In most cases, your employers will take care of the healthcare. You can access medical care whenever you need it without needing employer approval. As soon as you start working in a province or territory, you'll be enrolled in its health insurance system, giving you free access to healthcare and a sense of security as you settle into your new role.
Let us explore how healthcare access works for workers:
· Free Healthcare Coverage: Workers are generally eligible for free healthcare through the local health insurance system once employed in a province.
· Waiting Period: Some provinces may require a short waiting period before health insurance begins.
· Employer Responsibilities: Employers must help arrange health insurance and provide private coverage if there's a gap, covering all costs.
· Special Provisions for Seasonal Workers: Agricultural workers from countries like Mexico and the Caribbean may have specific agreements that cover healthcare.
What immediate steps should be taken if an injury occurs at work?
If you are injured or ill at work, it is essential to know your rights and the steps to take for proper support and care. The following things must be kept in mind :
· Immediate Reporting: Notify your supervisor or employer if you require medical attention immediately. Prompt reporting helps ensure that you get the necessary support.
· Employer's Duty of Care: Employers are responsible for making reasonable efforts to facilitate access to healthcare. This might include allowing time off to seek medical attention, providing a phone for emergency services, giving information on nearby healthcare facilities, and helping with transportation if needed.
· Transportation Costs: Employers are not generally obligated to cover the cost of transportation to healthcare facilities, except in specific cases, like certain provisions for seasonal agricultural workers.
· Privacy in Healthcare: Workers have the right to speak with healthcare providers privately, without their employer present. This ensures confidentiality and allows for open communication with medical personnel.
· Documentation and Follow-Up: Keep records of any medical treatments received and communicate ongoing needs to your employer if additional accommodations are required for recovery.
Rights and Benefits Available if you lose your Job in Canada
If you lose your job in Canada, it's essential to understand your rights and the benefits available to you.
· Advance Notice Requirement: Employers must provide reasonable notice before terminating employment, giving you time to seek new opportunities.
· Termination Pay Entitlement: If your employer does not give proper notice, you have the right to receive termination pay. It is determined by your length of service and the regulations of your province or territory in Canada.
· Access to Employment Insurance (EI): Workers who become unemployed through no fault of their own, or who leave due to a hostile work environment may be eligible for Employment Insurance benefits, which offer financial assistance during job searches.
· Support Resources: Various government programs may provide training, career counselling, and job placement services to help you transition to new employment.
· Record Keeping for Claims: Documenting your employment, layoff details, and any communications with your employer is crucial for successfully applying for EI benefits and other assistance.
Knowing about your Rights and Procedures for changing Employers in Canada
When considering work permits in Canada, it's essential to understand the differences between an LMIA-based work permit and an Open Work Permit (OWP).
· LMIA-Based Work Permit
An LMIA-based work permit is specific to a job offer from a Canadian employer who has obtained a positive Labour Market Impact Assessment (LMIA). This assessment confirms that hiring a foreign worker will not negatively impact the Canadian labour market, meaning no qualified Canadians or permanent residents are available for the position. The employer must demonstrate efforts to recruit locally and comply with various regulations.
If you hold an LMIA-based work permit, you are tied to that specific employer and cannot change jobs without applying for a new work permit.
· Open Work Permit
On the other hand, an Open Work Permit(OWP) offers more flexibility. It allows you to work for any employer in Canada except those listed as ineligible.
OWPs do not require a job offer or an LMIA, making them accessible under certain conditions, such as for international students or spouses of skilled workers. However, while OWPs provide greater freedom in employment choices, they may have implications for your future immigration status, particularly if you aim to transition to permanent residency.
For seasonal agricultural workers, there is often flexibility to change employers without needing a new work permit. This can make it easier for workers to find opportunities that suit their skills or preferences.
What Is the Best Platform for Temporary Foreign Workers to Find Jobs in Canada?
As a temporary foreign worker seeking a job in Canada, the Government of Canada Job Bank stands out as the best platform for finding job opportunities. This resource offers a comprehensive array of job postings from Canadian employers actively looking to hire foreign workers.
Each listing specifies whether the employer has applied for or received a positive LMIA, which is crucial for hiring. By leveraging the Job Bank, you can efficiently explore available positions and enhance your chances of securing a job in Canada. You may find the details here: https://www.jobbank.gc.ca/home
How many insurable hours do I need to qualify for EI benefits in my region?
If you lose your job in Canada, your employer must provide termination pay if you are laid off without reasonable notice. The amount of termination pay varies based on your employment duration and location. You may also qualify for Employment Insurance (EI) benefits if you become unemployed through no fault of your own or leave due to abuse.
If you are unemployed due to circumstances beyond your control, such as a shortage of work, seasonal layoffs, or mass layoffs, you may be eligible for Employment Insurance. These benefits are for individuals who are ready and able to work but cannot find a job.
It is essential to apply for EI benefits as soon as you stop working. You can submit your application even if you still need to receive your Record of Employment (ROE). However, if you delay filing your claim for more than four weeks after your last day of work, you may lose your eligibility for benefits. Timely application is crucial to ensure you receive the support you need during your period of unemployment.
Who Can Report Violations of the Temporary Foreign Worker Program in Canada?
To report violations of the Temporary Foreign Worker Program (TFWP) in Canada, individuals can take the following steps:
Anyone can report instances of abuse, including:
· Temporary foreign workers
· Colleagues or co-workers
· Employers
· Members of the public
· Foreign consulates
· Advocacy groups
Types of abuses
Reports can include various forms of abuse, such as:
· Threats, bullying, or physical abuse
· Confiscation of passports or documents
· Unpaid wages or denial of time off
· Unsafe living conditions
· Assigning tasks different from those agreed upon in the LMIA
How to prepare a report?
· Online Reporting: To report abuse, use the online form on the Government of Canada's website. This method is quick and allows you to provide detailed information about the situation. While completing the form, you can select your language and specify your job type.
· In Person: You may visit a Service Canada Centre to report abuse directly.
· By Phone: Call 1-866-602-9448 to speak with a Service Canada agent.
When making a report, provide as much detail as possible, including:
· Names or positions of individuals implicated in the abuse.
· Clearly describing the nature of the abuse.
· The name, address, and phone number of the business involved
Your identity as the reporter will remain confidential, and personal details will be protected under Canadian privacy laws. While you are not required to provide personal details like your name or phone number, doing so may help if further information is needed.
Visit the Government of Canada's dedicated webpage for additional information about employer compliance with the TFWP and resources available for reporting abuse.
What are the conditions to apply for an OWP as a vulnerable worker?
To apply for an Open Work Permit (OWP) as a vulnerable worker in Canada, you must meet the following conditions:
· Residing in Canada.
· Hold a valid LMIA-based work permit at the time of application.
· Experiencing abuse or being at risk of abuse in your current workplace.
· Evidence of abuse (e.g., letters from support organizations, medical reports, affidavits).
· Explanation letter detailing your situation and the nature of the abuse.
For further information, you may visit the Government of Canada's dedicated webpage on Open Work Permits for Vulnerable Workers or contact ImmiLaw Global for detailed assistance. Remember that there are no fees associated with applying for this specific OWP.
How to report a workplace health or safety problem?
If you encounter any of the following situations,
· Asked to perform dangerous work
· Conditions at your workplace are unsafe.
· Injured or become ill due to your work.
You may contact your local workplace health and safety office at the earliest. Moreover, many jurisdictions allow for anonymous reporting if you fear retaliation.
How to tackle other employment issues?
You may face various issues in the workplace, such as not receiving proper payment, experiencing unfair treatment, or your employer not adhering to your employment agreement. In these cases, you can contact your provincial or territorial employment standards office. They can provide guidance and assistance regarding your rights and the steps you can take to address the situation.
You may consider seeking legal counsel if the situation is not resolved through the employment standards office. All these actions ensure that your rights as an employee are protected.
What are the rights and protections under the Canada Labour Code (the Code)?
In Canada, employees working in the federally regulated sector are entitled to specific rights and protections under the Canada Labour Code (the Code). Some of them include:
Industries that fall under federal jurisdiction include air transportation, such as airlines and airports, and banking, including foreign banks. Other sectors include railways and interprovincial transportation, telecommunications services like telephone and internet, postal services, marine shipping and port operations, and uranium mining and processing. For more detailed information about federally regulated industries and the specific rights related to your workplace, you can consult the Government of Canada's resources on federally regulated sectors.
What are the employee rights regarding workplace safety?
· Employees have the right to be informed about health and safety concerns in the workplace. This includes receiving information about potential hazards and safety protocols.
· To actively participate in decisions that affect their health and safety.
· Right to refuse dangerous work they believe harms their health and safety or that of others.
How does Canada handle Workplace Discrimination and Harassment cases?
In Canada, workplace discrimination and harassment are taken very seriously, and robust legal frameworks are established to protect employees. This framework aims to create a safe and equitable working environment for all employees.
Canadian Human Rights Act prohibits discrimination and harassment based on various grounds.
Each province and territory has its laws addressing workplace discrimination and harassment. These laws apply to local employers and cover similar grounds as the CHRA, ensuring that all workers are protected regardless of their workplace's jurisdiction. It is the responsibility of the employer to create a safe work environment where employees can report issues without fear of retaliation.
How are your Leaves and Holidays regulated in Canada?
Based on continuous employment with the same employer, the federally regulated employees have the following entitlement:
· After 1 Year: You are entitled to at least 2 weeks of annual vacation.
· After 5 Years: You are entitled to at least 3 weeks of annual vacation.
· After 10 Years: You are entitled to at least 4 weeks of annual vacation.
You can generally take your vacation at a time mutually agreed upon with your employer, but it must start no later than 10 months after completing each year of employment.
Employers are required to give at least two weeks' notice when scheduling vacation. Vacation pay is calculated as a percentage of your annual gross earnings: 4% for two weeks, 6% for three weeks, and 8% for four weeks.
In addition to vacation entitlements, federally regulated employees are entitled to 10 paid general holidays yearly, including New Year's Day, Canada Day, and Christmas Day.
If a holiday falls on a non-working day, you are entitled to a paid holiday on the nearest working day. Employers can substitute a general holiday for another day with appropriate agreements in place.
Upon termination of employment, your employer must pay any outstanding vacation pay owed for completed years within 30 days. You are also entitled to vacation pay for any partially completed current year. For general holidays, if you work on one, you must receive at least 1.5 times your regular wage as compensation, ensuring that your rights regarding leaves and holidays are protected throughout your employment.
Where Can You Find Employment Rights Information for Your Province or Territory?
In Canada, employment rights are governed by a combination of federal and provincial laws, with each province having specific regulations that apply to most of the workforce. This framework ensures that employees are protected in areas such as minimum wage, working hours, overtime pay, leave entitlements, and termination rights.
What are the specific provincial employment rights in Canada?
· Alberta: The Employment Standards Code governs Alberta and outlines rights related to wages, hours of work, and various leaves. The Alberta Employment Standards page has more details.
· Ontario: The Employment Standards Act sets minimum standards for various employment aspects. The Ontario Employment Standards page provides detailed information.
· Quebec: The Act Respecting Labour Standards provides comprehensive protections for employees in Quebec. More information can be found on the Quebec Labour Standards page.
· Saskatchewan: The Saskatchewan Employment Act outlines employee rights and employer responsibilities. For further details, visit the Saskatchewan Labour Standards page.
· British Columbia: The Employment Standards Act provides comprehensive regulations regarding minimum wage, overtime, and leave entitlements. For more information, visit the BC Employment Standards page.
