Legal Issues

Your Rights & Responsibilities as a Temporary Foreign Worker

As a resident of Canada and of British Columbia, it is your responsibility to obey the law at all times. In Canada, not knowing the law is not a valid excuse for breaking the law.

If you break the law, you may receive a fine, be sent to jail, or be returned to your country.

Employment

As a Temporary Foreign Worker in BC, you are covered under the same labour and employment standards as all British Columbians. However, depending on your work permit there may be limitations on the type of employment you may carry out in Canada or even the employer you may work for.

Your Work Permit may state:

• The occupation you may work under in Canada
• The length of time you may work in Canada
• The location or province where you may work in Canada
• The employer you may work for in Canada

If you wish to change any of the conditions attached to your work permit, you will have to apply for a new work permit. Violating the conditions of your work permit is a serious offence and could result in you being forced to leave Canada.

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Services

As a TFW in BC, there may be limits on some of the services you may access while you are in the province. You will be able to access all major services that all British Columbians in your community can access -- including emergency services, library, community centre, recreation centre, and more.

However, as a TFW you do not have access to services such as:

• Settlement services for new immigrants (including ESL classes)
• Job search assistance
• Post-Secondary Degree or Diploma Programs

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Your Rights & Responsibilities as a Worker in BC

Most occupations in BC are covered under the Employment Standards Act of British Columbia. Some occupations are covered under the Canadian Labour Code instead.

Both the BC Employment Standards Act and the Canadian Labour Code set out a minimum standard for employment and workplace safety that employers and employees must follow. These standards include such subjects as wages, overtime, breaks, vacation leave, wage deductions, and more.

The Employment Standards Branch is the organization in BC responsible for ensuring the regulations of the Employment Standards Act are followed. They can assist you with questions you may have while working in BC

Contracts

Your contract provides details for the agreement between yourself and your employer. It outlines the terms and responsibilities of both parties and is a key document for any dispute you may have with your employer. Always keep a copy of your contract. If your employer violates part of the contract by paying you less than was agreed or not paying you overtime, for example, you will need your contract to prove your claim.

Dismissal or Quitting

The terms under which you may be fired by a company or you may quit are stipulated in your contract. Often a minimum notice of one to four weeks is required by each party, but if it is not stated in the contract then no notice is legally required.

If you lose your job and don’t get written notice or compensation as agreed, you can contact the Employment Standards Branch (ESB) to file a complaint. ESB will help you recover compensation and any unpaid wages owing to you.

BC Employment Standards

For more details about specific regulations related to the BC Employment Standards Act, including minimum wage, overtime, vacation pay, etc. click here.

Workplace Safety

All workers have a right to a safe and healthy workplace. Most importantly you have the right to refuse work that you feel is dangerous, in which case your employer has to keep paying you until the danger is removed or a government official tells you it is safe to do the work. Your employer is responsible for ensuring that you have access to information about workplace safety. Many employers provide courses in first aid and other health and safety methods. Be sure to ask your employer about any information they have about workplace safety. If you are unsure of the safety of your work place, you can ask yourself these questions:

• Have I been properly trained for the job I am doing?
• Have I been given the right safety equipment to do the job?
• Do I feel unsafe when doing my job?
• Do I work close to dangerous materials?

If you are unsure of the safety practices on your worksite or notice an unsafe work practice, you should notify your employer immediately.  If the problem continues, you should contact WorkSafeBC with your concerns as soon as possible. 

If you work for a federally regulated employer, your health and safety codes are developed and monitored by the federal government. For information about federally regulated workplace health and safety issues have a look at HRSDC’s federal labour site. 

Workers’ Compensation

If you are injured on the job, you have a right to be compensated for damages such as lost income due to injury. This is called Workers’ Compensation.

If you are injured at work, you should:

• inform your supervisor of the accident as soon as it happens,
• fill out an accident or injury report, and
• see a doctor right away if you need medical help.

For more information about workplace safety and insurance in British Columbia, visit WorkSafeBC.

For more information on employment standards in BC visit ESB.