NAVIOVISAGet advice ↗
VIEN

Foreign workers' rights

Foreign workers in Canada have the same rights as Canadians. What employers must and must not do, per ESDC and IRCC, and your rights if you lose your job.

A safety helmet
A safety helmet Photo: Peachyeung316 / Wikimedia Commons, CC BY-SA 4.0

According to ESDC, the rights of all workers in Canada, including temporary foreign workers, are protected by law. You have the same rights and protections as Canadian citizens and permanent residents.

Your employer must

  • give you information about your rights on or before your first day;
  • give you a signed copy of your employment agreement on or before your first day, in English or French as you choose;
  • follow the work schedule and pay you as agreed, including overtime and vacation;
  • make reasonable efforts to keep the workplace free of abuse (verbal, physical, sexual, financial), harassment and reprisals;
  • follow provincial health and safety laws;
  • pay for private health insurance until you qualify for provincial coverage (for LMIA-based workers, with some exceptions);
  • help you access health care if you are injured or become ill at work.
Industrial area in Hamilton, Ontario
Industrial area in Hamilton, Ontario Photo: K2HWY / Wikimedia Commons, CC BY 4.0

Your employer must not

  • force you to do unsafe work;
  • make you do work outside the occupation in your agreement;
  • force you to work when sick or injured;
  • pressure you into overtime beyond what was agreed;
  • punish you for reporting mistreatment, unsafe work or inadequate housing;
  • keep your passport or documents;
  • threaten your immigration status;
  • charge you recruitment fees.

If you lose your job

  • Your employer should give reasonable notice; if not, termination pay may be owed under provincial employment standards.
  • If you lose your job through no fault of your own, or leave because of abuse, you may qualify for Employment Insurance (EI).
  • Employer-specific permit holders who want to keep working need a new job offer and must apply to change their permit conditions.
A construction site in Toronto
A construction site in Toronto Photo: Loozrboy from Toronto, Canada / Wikimedia Commons, CC BY-SA 2.0

Workers in the IMP (LMIA-exempt)

IRCC has a separate "Get to know your rights" guide for International Mobility Program workers, such as C16. IMP employers must also keep the workplace free of abuse and respect the submitted job offer.

Note ESDC's rights guide is available in several languages (not yet Vietnamese) and in print, large print or audio on request at 1-800-622-6232.

Official sources

  1. Temporary foreign worker rights and labour standards (IRCC) ↗
  2. Temporary foreign workers: Your rights are protected (ESDC) ↗
  3. International Mobility Program – Get to know your rights while working in Canada (IRCC) ↗
1:1 advice from our experts

Let NAVIOVISA support your family

Leave your details and a consultant will contact you to assess your profile and suggest a suitable pathway.

Get advice on your pathway

☎✦↑