Workers Rights in Canada
Understanding your employment rights – from understanding your contract, workplace safety to fair treatment – is crucial.
This comprehensive guide simplifies the intricacies of Canadian employment law and protections for newcomers, empowering you to navigate your workplace with confidence and defend your labor rights when necessary.
Table of Contents
- Overview
- What are my rights in Canada as a worker?
- What should I know about my employment agreement in Canada?
- What healthcare services are available for workers in Canada?
- What rights and procedures should I be aware of if I get injured or become ill at work?
- What rights and benefits are available if I lose my job in Canada?
- What are my rights and procedures for changing employers in Canada?
- How do I report violations of the Temporary Foreign Worker Program?
- How do I apply for an open work permit if I am a vulnerable worker?
- How do I report a workplace health or safety problem?
- How do I report other employment problems?
- What rights and protections are available for employees working in the federally regulated sector?
- What are my rights regarding workplace safety and workers’ compensation in Canada?
- How does Canada address discrimination and harassment in the workplace?
- What are my rights regarding leaves and holidays in Canada?
- What are the employment rights specifics in each province?
Overview
Whether you’re a permanent resident, temporary foreign worker, or migrant worker, grasping your rights is a vital part of your Canadian journey. This guide delves into various employment topics, including the specifics of employment agreements, healthcare services for workers, addressing workplace injuries and illnesses, managing job loss, and changing employers, among others. By the end, you’ll have a comprehensive understanding of your employment rights in Canada, empowering you to advocate for yourself when necessary.
For more information on finding and securing employment in Canada, visit our dedicated webpage here.
What are my rights in Canada as a worker?
In Canada, the rights of all workers, including temporary foreign workers, are legally protected. As a temporary foreign worker, you enjoy the same rights and protections as Canadian citizens and permanent residents.
Your employer is required to:
Inform you about your rights.
Provide you with a signed copy of your employment agreement by your first day of work.
Pay you according to the terms specified in your employment agreement, including any overtime pay if applicable.
Make reasonable efforts to ensure a workplace free from abuse and reprisals.
Follow the employment and recruitment standards of the province or territory where you work.
Obtain and cover the cost of private health insurance that includes emergency medical care until you qualify for provincial or territorial health insurance (exceptions may apply).
Facilitate access to healthcare services if you sustain an injury or become ill at work.
Your employer cannot:
Force you to perform unsafe work or tasks not authorized in your employment agreement.
Require you to work while you are sick or injured.
Coerce you into working overtime that isn’t included in your employment agreement.
Retaliate against you for reporting mistreatment, unsafe conditions, inadequate housing, or cooperating with government inspections.
Withhold your passport or work permit.
Deport you from Canada or change your immigration status.
Demand repayment for any recruitment fees they incurred in hiring you.
What should I know about my employment agreement in Canada?
As a newcomer working in Canada:
Your employer must provide you with a copy of your employment agreement on or before your first day of work.
The agreement should be in English or French, allowing you to choose your preferred language.
Both you and your employer are required to sign the agreement.
The employment agreement should accurately reflect the same occupation, wages, and working conditions outlined in your job offer.
If either party was coerced or compelled to sign the document, it is not considered an enforceable contract.
What healthcare services are available for workers in Canada?
Access to healthcare services in Canada is a fundamental right for all workers. As a newcomer, you do not need your employer’s permission to seek medical care, and in most cases, you won’t have to pay for doctor visits or hospital services. Once you start working in a specific province or territory, you’ll be eligible for free healthcare through the local health insurance system.
However, keep in mind that there may be a waiting period before your provincial or territorial health insurance coverage takes effect after your arrival in Canada. Your employer is responsible for helping you set up the necessary health insurance according to the requirements of your province or territory. If you are not yet covered by provincial or territorial health insurance, your employer must provide and cover the cost of private health insurance that includes emergency medical care. Importantly, your employer cannot deduct any amount from your wages for this private health insurance.
Additionally, if you are a seasonal agricultural worker from Mexico or the Caribbean, specific agreements between your country and Canada may already include provisions for health insurance, meaning this requirement may not apply to you.
What rights and procedures should I be aware of if I get injured or become ill at work?
If you need medical attention, inform your supervisor or employer as soon as possible and seek care promptly. It is your employer’s responsibility to make reasonable efforts to provide access to healthcare providers, such as doctors, nurses, or pharmacists. This support can include allowing you time off to seek medical help, providing a phone for emergencies, offering guidance on where to go for care, and assisting with transportation to healthcare facilities.
However, it’s important to note that your employer is not required to cover the cost of transportation to hospitals, clinics, or other healthcare services, unless specific provisions apply to seasonal agricultural workers. Additionally, you have the right to have private conversations with your healthcare providers without your employer being present.
What rights and benefits are available if I lose my job in Canada?
Your employer is required to provide you with reasonable notice before laying you off. If they do not give this notice, they must compensate you with termination pay. The amount of termination pay you receive will depend on how long you’ve been employed and the regulations of the province or territory where you work.
If you become unemployed through no fault of your own, or if you leave your job due to experiencing abuse, you may qualify for Employment Insurance (EI) benefits.
What are my rights and procedures for changing employers in Canada?
You can switch employers in Canada, but it’s essential to understand that your current work permit may only allow you to work for your present employer. This is typically the case with Labour Market Impact Assessment (LMIA)-based work permits. If you’re on an LMIA-based permit and want to work for a different employer, you’ll need to apply for a new work permit before starting that job. The new employer must also get approval from the Government of Canada, which might involve reapplying for an LMIA.
In contrast, if you hold an Open Work Permit (OWP), you can change employers at any time during the permit’s validity, though this may have future immigration eligibility implications.
Seasonal agricultural workers might have more flexibility to switch employers without needing a new work permit.
To find job opportunities with Canadian employers looking for temporary foreign workers, consider using the Government of Canada’s Job Bank. Job postings will indicate whether the employer has applied for or received a positive LMIA, which is necessary for hiring temporary foreign workers.
How do I report violations of the Temporary Foreign Worker Program?
In Canada, all workers are protected under laws that prioritize the safety and rights of temporary foreign workers through the Temporary Foreign Worker Program (TFWP). Employers who mistreat or exploit workers face serious consequences, including penalties and possible bans from the program.
Reports of abuse can be made by anyone, including the affected worker, a colleague, a member of the public, a foreign consulate, or an advocacy group. Types of abuse that can be reported include threats, bullying, harassment, actions that jeopardize immigration status, confinement to workplaces or living quarters, confiscation of passports or documents, unpaid wages, denial of time off, and being assigned tasks outside the agreed-upon scope in the LMIA.
When reporting an incident, it’s important to provide as much detail as possible. Your information will be protected under Canada’s privacy laws, ensuring that your identity remains confidential and is not disclosed to your employer or anyone at the workplace. While providing your name, phone number, or LMIA/work permit number is not required, doing so can help in case further information is needed. Your information will not be shared or used without your consent, but due to privacy laws, updates on the status of your report cannot be provided.
To file a report, you’ll need to include the name, address, and phone number of the business or organization involved, as well as the names or positions of those implicated in the abuse. Clearly describing the nature of the abuse is crucial.
For more information on employer compliance with the TFWP, you can visit our dedicated webpage here. You can also find a list of employers who have been found non-compliant under the TFWP here.
How do I apply for an open work permit if I am a vulnerable worker?
Canada has introduced a new Open Work Permit (OWP) program specifically for vulnerable workers who may be experiencing abuse in their workplaces. This initiative allows individuals to leave their abusive employers without the fear of having to exit Canada due to changes in their employment status.
To be eligible for this program, workers on an LMIA-based work permit must meet the following criteria:
They must be currently in Canada.
They must hold a valid LMIA-based work permit at the time of their application.
They must be experiencing abuse or be at risk of abuse in their current workplace.
This program aims to provide protection and support for those in precarious situations, allowing them to seek safer employment opportunities while remaining in Canada.
What rights and protections are available for employees working in the federally regulated sector?
In Canada, most industries are regulated by provincial or territorial governments, but some are governed by federal regulations. If your workplace falls under federal oversight, you can file a complaint either through an online platform or by calling 1-800-641-4049. For more detailed guidance, you can refer to the list of federally regulated industries and workplaces provided.
What are my rights regarding workplace safety and workers’ compensation in Canada?
In Canada, regardless of whether your province or territory follows the Occupational Health and Safety Act or a similar framework, all workers have three essential rights regarding workplace health and safety:
1. The Right to Be Informed: Workers should be made aware of any health and safety hazards.
2. The Right to Participate: Employees have the right to engage in decisions that affect their health and safety.
3. The Right to Refuse Unsafe Work: Workers can refuse to perform tasks that they believe could endanger their own safety or the safety of others.
How does Canada address discrimination and harassment in the workplace?
Discrimination and harassment are taken very seriously in Canada, applicable to both employers and employees.
If you believe you are experiencing discrimination or violence in a federally regulated workplace, you have the right to file a notice of occurrence with your employer. You can do this through the designated web form available.
For those in provincially or territorially regulated workplaces, you can file a notice of occurrence through your respective provincial or territorial department of labour.
What are my rights regarding leaves and holidays in Canada?
Annual Vacation Entitlement
As a federally regulated employee in Canada, your vacation entitlements are as follows:
After 1 year of continuous employment: At least 2 weeks of vacation per year.
After 5 consecutive years: At least 3 weeks of vacation per year.
After 10 consecutive years: At least 4 weeks of vacation per year.
Definition of “Year of Employment”
A “year of employment” is defined as:
A period of 12 consecutive months starting from your hiring date.
A period of 12 consecutive months starting on any anniversary of your hiring date.
A calendar year or another 12-month period as determined by your employer.
This definition is important as you need to complete a “year of employment” to be eligible for vacation.
Timing of Annual Vacation
You and your employer can agree on when you take your vacation, but it must start within 10 months after completing your “year of employment.” If your employer sets the timing, they must provide you with at least 2 weeks’ notice.
Calculation of Annual Vacation Pay
Your vacation pay is a percentage of your gross earnings during your “year of employment”:
2-week vacation: 4% of your earnings.
3-week vacation: 6% of your earnings.
4-week vacation: 8% of your earnings.
Waiving, Postponing, or Splitting Vacation
You may:
Waive your vacation.
Postpone your vacation.
Split your vacation for a specific “year of employment.”
These options require a written agreement with your employer.
Postponing or Interrupting Vacation
You can postpone or interrupt your vacation for leaves like maternity leave, parental leave, or compassionate care leave.
Annual Vacation Pay during a Leave of Absence
During a paid leave, your status remains unchanged, and you continue to accumulate vacation pay.
During an unpaid leave, you accumulate seniority, and vacation pay is based on your earnings in the “year of employment.”
End of Employment Entitlement
Upon ending your employment, your employer must pay any owed vacation pay for completed “years of employment” within 30 days, including for any partially completed current year.
General Holidays
As a federally regulated employee, you are entitled to 10 paid general holidays each year:
New Year’s Day
Good Friday
Victoria Day
Canada Day
Labour Day
National Day for Truth and Reconciliation (September 30)
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
Treatment of General Holidays on Non-Working Days
If a general holiday falls on a Saturday or Sunday, you are entitled to a paid holiday on the nearest working day. For other holidays, you may add it to your vacation with your employer’s agreement.
Substituting a General Holiday
Employers can substitute a general holiday for another day, requiring written agreement with employees or a collective agreement.
Calculation of General Holiday Pay
General holiday pay is calculated based on your wages:
Generally, it’s at least 1/20th of the wages earned in the 4 weeks before the holiday.
Specific calculations apply for commission-based employees and those in the long shoring industry.
General Holiday Pay for Part-Time Employees
Part-time employees are entitled to pay for the same 10 holidays, adjusted based on hours worked.
Payment for Working on a General Holiday
If you work on a general holiday, you must receive at least 1.5 times your regular wage. Managers and professionals will receive their regular pay and can take a paid holiday at another time.
General Holiday Pay during Leave
Employees on personal leave or bereavement leave are entitled to general holiday pay, calculated based on average daily earnings or as per collective agreements.
For more detailed information, including specifics for continuous operation workers, please click here.
Contact The Millennium Immigration for Assistance
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