Temporary Foreign Worker in Canada

The human rights laws in Canada also apply to foreign workers who are temporarily in the country for employment reasons. The foreign nationals who are employed in Canada are given the same rights and protections as citizens and permanent residents under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP)

Note: The TFWP and IMP protections must be followed by your employer if you are a foreign worker, or else they could face legal repercussions.

What Are the Temporary Foreign Worker Rights in Canada?

The rights of foreign workers can be divided into two categories: what employers must do to comply with regulations and laws, and what businesses cannot do.

What An Employer Must Do in Accordance With the Rights of a Worker?

The Immigration Refugees and Citizenship Canada (IRCC) permits an employer:

  • To inform you of all your rights;
  • Give you a copy of your employment contract that has been signed before or on your first day of work;
  • Compensation for your job, including overtime, in accordance with your employment contract;
  • Make all necessary efforts to ensure that you have a safe workplace;
  • Observe the province’s or territory’s hiring and hiring criteria or standards;
  • Provide you with the necessary tools and training to complete your job safely, including how to operate any machinery or equipment;
  • Ensure that you have access to healthcare at work by taking appropriate steps.

What If an Employer Fails to Comply?

If the TFWP or IMP standards are not met by your employer, they will be held legally liable.

  • IRCC will issue a notice to your employer if they are found in breach;
  • Receive fines of as much as $100,000 per offence, up to a maximum of $1 million per year;
  • Have their business information posted on the IRCC website with all the details of breach;
  • Cancellation or suspension of previously granted Labour Market Impact Assessments (LMIAs);
  • Elimination of TFWP or IMP membership if they are unable to re-join.

TFWP and IMP – An Overview

The immigration pathways to Canada for temporary workers are divided between the Temporary Foreign Worker Program, and the International Mobility Program.

Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC) manage the Temporary Foreign Worker Program. TFWP ensures that Canadian citizens and permanent residents in applying for available positions while enabling Canadian firms to fill open positions in response to deal with labour shortages. The International Mobility Program (IMP) is administered by IRCC. The purpose of this program is to cater the aims of Canadian economic, social, and cultural policy. It also serves to promote things like the arts, culture, sports, and religion in Canada as well as to strengthen Canada’s bilateral and multilateral relationships with the rest of the world.