November 16 - 30 , 2017 PHILIPPINE ASIAN NEWS TODAY IMMIGRATION 11
The Notary Corner
By Editha Corrales Nelson Immigration Consultant , Notary Public , Mediation / Arbitrator
Part 1 of 2
In Canada , the rights of all workers are protected by law . It is important that you understand your rights while you are in Canada as a temporary foreign worker .
Here are a few things you need to know : Your employer must :
• pay you for your work ;
• ensure that your workplace is safe ;
• give you break time and days off ; and
• respect the terms of your written contract . Your employer cannot :
• force you to perform duties that you were not hired or trained to do ;
• force you to work if you are sick or injured ;
• take your passport or work permit away from you ;
• have you deported from Canada or change your immigration status ; or
• make you pay them back for fees they paid to hire you .
Other laws that protect workers can be different depending on where you work in Canada . If you have questions about the laws that apply to you , please contact the employment standards office in the province or territory where you are working .
It is your right to contact these offices and visit these websites . You do not need anyone ’ s permission and an employer cannot penalize you or have you deported for contacting them . Employment contracts For your protection , you must sign an employment contract with your employer . A contract is a legal document that contains the details of the working conditions that both you and your employer have agreed to . Both of you must respect the conditions in this agreement .
The only exception is if you were hired as a high-wage temporary foreign worker . In this case , you are not required to have a contract , though it is still recommended to have one . If you do not know which category of worker you are , you can find this information in the Labour Market Impact Assessment letter and
annex given to you by your employer to apply for your work permit .
What should my employment contract cover 1 . Details about the job duties 2 . Deductions from pay : By law , employers must take certain deductions from your pay . This includes deductions for the Canada Pension Plan , Employment Insurance and income tax . Depending on your worker category , there may be other allowable deductions ( for example , under the Seasonal Agricultural Workers Program , workers are charged a set amount per working day to cover utility costs ).
3 . Conditions of employment : Your contract should include the maximum number of hours you will work each day and each week for regular pay , break times , and days off . It should also state how much you will be paid per hour if you work more than the regular number of hours ( overtime ).
If you are hired as a temporary foreign worker in a low-wage position or under the Agricultural Stream , your employer must :
• pay for all your transportation costs to and from Canada
• provide you with private health insurance until you are eligible for the provincial or territorial health insurance plan , so that you will not have to pay to see a doctor or to go to the hospital if you are sick or injured ; and
• ensure you have a place to live Am I allowed to change employers
Yes , you are allowed to change employers . Your employer cannot penalize or deport you for looking for another job . However , your work permit may only allow you to work for your current employer . Before accepting new employment , remember that your new employer will have to get permission from the Government of Canada to hire you as a temporary foreign worker . You will also need to apply for a new work permit before changing jobs . Workers under the Seasonal Agricultural Workers Program do not need to get a new work permit if they change employers .
If you have concerns about
Temporary foreign workers : Your rights are protected
your safety , or if you want to change employers because your employer is breaking the terms of your contract or not following the law , call the Service Canada Confidential Tip Line at 1-866-602-9448 . You can leave an anonymous message to report your concerns . All calls are taken seriously and investigated to help protect you and your rights . What happens if I lose my job Your employer has to give you advance notice before firing you or laying you off from your job . This is to give you time to look for a new job before being out of work . If they do not give you advance notice , they have to pay you for the notice you should have been given ( called severance pay ). The number of days of advance notice
WWW . PHILIPPINEASIANNEWSTODAY . COM or the amount of severance pay you should get depends on the province or territory where you are working and how long you have worked for that employer .
However , if your employer can prove that they have a good reason to fire you , they may not have to give you notice or severance pay . For example , you could be fired without notice if you commit a crime such as theft or fraud , or if you lied about your qualifications when you were hired .
If you believe your employer is not following the law , you have the right to complain to your provincial or territorial labour standards office . If you are a member of a union , you may also want to get advice from your union representative .