You Have the Same Rights as Any Other Worker
This is the most important thing to understand: temporary foreign workers (TFWs) in Ontario have the same employment rights as Canadian citizens and permanent residents. The Employment Standards Act (ESA), the Ontario Human Rights Code, and the Occupational Health and Safety Act (OHSA) all apply to you equally, regardless of your immigration status.
Whether you came to Canada through the Temporary Foreign Worker Program (TFWP), the International Mobility Program (IMP), or hold any other type of work permit, the law protects you.
Understanding Your Work Permit
Your work permit defines the conditions of your authorization to work in Canada. There are two main types:
Employer-Specific Work Permits
An employer-specific work permit (also called a "closed" work permit) ties you to a specific employer. This means you can only work for the employer named on your permit. These permits are commonly issued under the Temporary Foreign Worker Program (TFWP), which requires the employer to obtain a Labour Market Impact Assessment (LMIA).
Open Work Permits
An open work permit allows you to work for any employer in Canada (with some exceptions). Open work permits are issued in various circumstances, such as for spouses of certain work or study permit holders, post-graduation work permit holders, and applicants for permanent residence in certain categories.
If you hold an employer-specific work permit and your employer is violating your rights, you may be eligible for an open work permit for vulnerable workers, which allows you to leave your current employer while maintaining your legal status in Canada.
Common Violations Faced by Temporary Foreign Workers
Unfortunately, temporary foreign workers are disproportionately vulnerable to workplace exploitation. Common violations include:
Wage Theft
- Being paid less than the wage specified in your LMIA or employment contract
- Not being paid for all hours worked
- Not receiving overtime pay for hours worked beyond 44 per week
- Being required to pay back part of your wages to the employer or recruiter
- Unauthorized deductions from your pay (such as deductions for accommodation that exceed what is permitted)
Illegal Fees and Deductions
Under Ontario law and federal TFWP regulations, employers cannot charge you fees for recruiting, hiring, or retaining your employment. This includes fees for LMIA processing, travel arrangements, or work permit applications. If your employer or a recruiter charged you these fees, they may have broken the law.
Ontario's Employment Protection for Foreign Nationals Act, 2009 specifically prohibits recruiters and employers from charging fees to foreign nationals for finding employment. Violations can result in penalties of up to $50,000 for individuals and $100,000 for corporations.
Document Retention
Your employer cannot take or hold your passport, work permit, or any other personal identity documents. If your employer has taken your documents, this is a serious violation that may constitute a criminal offence. You have the right to possess and control your own identity documents at all times.
Threats Related to Immigration Status
Some employers use threats related to immigration status to control TFWs. Common threats include:
- Threatening to cancel your work permit or have you deported if you complain
- Threatening to give you a negative reference that will affect your immigration applications
- Telling you that you have no rights because you are "only" a temporary worker
- Threatening to report you to immigration authorities
These threats are illegal. An employer cannot unilaterally cancel your work permit or have you deported. Your work permit remains valid even if your employment ends, until the permit's expiry date (though you should seek immigration advice about your options).
Substandard Living Conditions
If your employer provides housing as part of your employment, the housing must meet basic health and safety standards. Overcrowded, unsanitary, or unsafe housing is a violation.
Your Rights Under the ESA
As a temporary foreign worker in Ontario, you are entitled to all the same ESA protections as any other employee, including:
- Minimum wage: You must be paid at least the minimum wage, or the wage specified in your LMIA/employment contract, whichever is higher.
- Overtime pay: 1.5 times your regular rate for hours worked beyond 44 per week.
- Vacation: At least 2 weeks of vacation and 4% vacation pay after each 12-month period.
- Public holidays: Entitlement to the 9 Ontario public holidays with public holiday pay.
- Leaves of absence: Job-protected leaves including sick leave, family responsibility leave, and bereavement leave.
- Termination and severance: If you are terminated without cause, you are entitled to notice or pay in lieu of notice, and potentially severance pay.
Your Rights Under the Human Rights Code
You are protected from discrimination and harassment based on all the same grounds as any other person in Ontario, including race, colour, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, age, disability, and family status. If you experience discrimination or harassment at work, you can file a complaint with the Human Rights Tribunal of Ontario.
Your Right to a Safe Workplace
Under the OHSA, you have the right to know about workplace hazards, the right to participate in keeping the workplace safe, and the right to refuse unsafe work without fear of reprisal. Your employer cannot fire you, discipline you, or threaten your immigration status for refusing work that you believe is dangerous.
The Open Work Permit for Vulnerable Workers
If you are a temporary foreign worker experiencing abuse or exploitation, you may be eligible for an open work permit for vulnerable workers. This permit allows you to leave your current employer and work for any employer in Canada while your situation is being addressed.
To apply, you need to demonstrate that you are experiencing or are at risk of experiencing abuse in relation to your employment. Abuse can include physical, sexual, psychological, or financial abuse. The application is made to Immigration, Refugees and Citizenship Canada (IRCC) and can be submitted online.
This is an important tool that allows you to escape an exploitative situation without losing your legal status in Canada.
Where to Get Help
If your rights are being violated, you have several options:
- Ontario Ministry of Labour: File an Employment Standards complaint at 1-800-531-5551 or online.
- Service Canada TFWP tip line: Report employer non-compliance at 1-866-602-9448 or online through the confidential tip line.
- Human Rights Tribunal of Ontario: File a human rights complaint within 1 year of the discriminatory act.
- Ontario Ministry of Health (for workplace injuries): File a claim with the Workplace Safety and Insurance Board (WSIB).
- Legal aid and community organizations: Organizations such as the Migrant Workers Alliance for Change, Parkdale Community Legal Services, and others provide free legal assistance to TFWs.
- Consult an employment and immigration lawyer: An experienced lawyer can help you understand both your employment rights and immigration options.
Protecting Your Immigration Status
One of the biggest fears for TFWs is that asserting their employment rights will negatively affect their immigration status. Here is what you should know:
- Filing a workplace complaint does not negatively impact your immigration applications.
- Your work permit remains valid until its expiry date, even if your employment relationship ends.
- If you hold an employer-specific work permit and lose your job, you should immediately seek immigration advice about your options, which may include applying for a new work permit, an open work permit for vulnerable workers, or other pathways.
- Do not stay in an abusive or exploitative job out of fear of losing your immigration status. There are options and support available to you.
At Imigrando, we specialize in helping temporary foreign workers understand both their employment rights and their immigration options. You do not have to face these challenges alone.