Following news stories about federal government policy changes regarding foreign workers, temporary residents might be wondering what to do if they experience abuse.
Local Immigration Partnership Program Coordinator Mitch Tilk outlines some rights and responsibilities for both temporary foreign workers and their employers.
“As a temporary foreign worker, you have the same rights and protections as Canadian workers. Your employer must provide you with a signed employment agreement that outlines wages, working conditions, and job responsibilities. They must pay you fairly, according to the terms of the agreement, including overtime if specified. They must ensure the workplace is free from physical, sexual, psychological, and financial abuse. Employers must provide private health insurance until you are eligible for provincial health coverage, and they must allow you to access healthcare services without requiring their permission.”
He notes that workers have the right to refuse unsafe work conditions without punishment. Tilk says all employers must provide proper equipment and training to ensure safe working conditions and are responsible for workers’ compensation if injuries occur.
“If you experience abuse or are at risk of abuse, you may be eligible for an Open Work Permit, allowing you to switch jobs without restrictions. To move to another employer that hires temporary foreign workers, the new employer must have completed the Labour Market Impact Assessment (LMIA). The Canada Government Job Bank lists employers who have received the LMIA and are eligible to hire you with an Open Work Permit.”
Tilk adds that employers are also responsible for housing provisions, particularly in the agricultural or low-wage streams.
He explains that reports of abuse can be made through Service Canada's confidential tip line at 1-866-602-9448 or online.
“It’s 100 per cent confidential. You’ll need to provide some information about yourself and your workplace, but none of it will be shared with your employer. This service allows you to report anonymously, and Service Canada will not notify your employer. It’s also important to note that recruitment fees should not be passed on to workers. Employers cannot charge you for recruitment-related costs, including LMIA applications or consultant and lawyer fees. Those costs are the responsibility of the employer.”
Tilk says temporary foreign workers can speak to someone at the Portage Learning and Literacy Centre for advice.
“If you need advice on what to do and where to go, you can email me at plip@portagecrc.com, and we can assist. The Settlement Workers at the Portage Learning and Literacy Centre are the experts in handling issues related to your work and immigration status.”
He also says that if you are on a Closed Work Permit, which restricts you to one employer, you can apply to switch to an Open Work Permit, giving you the option to work for different employers in the same field or sector. The Settlement Workers can help with that process.
“With Closed Work Permits, there is a power imbalance, which can discourage people from reporting abuse. But that’s not how things are supposed to work. Employers must be aware of potential conflicts of interest that could arise under the temporary foreign worker program.”
No companies in Portage are currently on the federal list of employers restricted for worker abuse.
“That could mean there hasn’t been enough awareness about workers’ rights or how to report abuse. Not every issue escalates to the point of banning an employer from hiring temporary foreign workers, but it is a possibility in severe cases.”