TFW Abuse in Canada (and what temporary foreign workers can do about it!)

[computergeek]

After hearing of such cases for years, and now participating actively in this forum for many months, I was not surprised when I read a couple of articles about the abuse of temporary foreign workers in Canada.

"Abuse of migrant workers ‘endemic’ in Canada, new study says" - http://www.thestar.com/news/gta/article/1257536--abuse-of-migrant-workers-endemic-in-canada-new-study-says

"For migrant workers, injury often means a one-way ticket home" - http://metronews.ca/news/canada/331495/for-migrant-workers-injury-often-means-a-one-way-ticket-home/

I've read of employers who routinely engage in unlawful employment conduct with foreign workers, simply because they are foreign workers. Foreign workers do not give up their rights when they accept employment in Canada. Sadly, this speaks ill of the employers and I'm saddened that some people think they can abuse foreign workers simply by using their status as foreign workers against them.

For anyone coming to Canada as a TFW, remember you have the same legal rights as an employee as a PR or citizen of Canada - http://www.cic.gc.ca/english/work/tfw-rights.asp

Canadian laws protect every worker in Canada. This includes temporary foreign workers like you.

Your employer:

must pay you for your work
must make sure that your workplace is safe and
cannot take your passport or work permit away from you.

Every province and territory has an office that deals with labour and employment laws. A person at your local employment or labour standards office can talk to you about fair pay, hours of work, rest periods, working conditions and provide other services.

You do not need your employer’s permission to call this office or visit its website. They cannot punish you or have you deported for it.

If your employer terminates your employment, they must give you an ROE (Record of Employment) and generally you have the right to file for EI. Further you can remain in Canada until the end of your work permit and seek new employment - but you cannot work at your new job until you have a new work permit for that job.

If you are injured on the job while employed in Canada, you will normally be covered by worker's compensation benefits:

Many provinces and territories provide workers’ compensation benefits. Workers’ compensation gives you help (medical or wage benefits) if you are hurt on the job or if your job causes you to get sick.

In some provinces or territories, employers do not have to sign their employees up for the plan.

If employers do not have to take part in the workers’ compensation plan in the province or territory where you work, your employment contract must say this.

Your employer must not take any money from your pay for the plan. Contact your local employment or labour standards office if you need more information about workers’ compensation benefits.

While working in Canada is a great experience for most temporary foreign workers, it isn't for everyone. No one, regardless of their status, deserves to be mistreated by their employer - this includes having your passport held by your employer, being forced to "give back" your pay to your employer, work more than required by your contract, have anything "extra" withheld from you paycheque, etc. Know your rights, and be ready to stand up for yourself!

 

[movingtocanada1]

Thanks for educating...the problem which i see in such cases is the fear of ane way ticket to the home country and the hasle of being in the process( most people do not know that such process exist) to raise issue with labour office.
I think every TFW need to get educated on this...

 

[kafka khaos]

Great post from 2 years ago. Sadly al the abused that was happeneding 2 years ago is still going on. In fact its got worse. This current government is completely useless.

 

[computergeek]

Great post from 2 years ago. Sadly al the abused that was happeneding 2 years ago is still going on. In fact its got worse. This current government is completely useless.

Perhaps I'm cynical, but this seems to be an issue of following the money. Because TFWs are easier to control, some employers prefer them - someone who is afraid of being deported is far easier to control than someone who is not similarly afraid. Once someone is a PR they don't need to be tied to a specific employer and thus they are no longer dependent upon that person.

 

[kaligayahan]

Perhaps I'm cynical, but this seems to be an issue of following the money. Because TFWs are easier to control, some employers prefer them - someone who is afraid of being deported is far easier to control than someone who is not similarly afraid. Once someone is a PR they don't need to be tied to a specific employer and thus they are no longer dependent upon that person.

You're exactly right! Follow the money! Just think if you were an employer and you had all the "disposable" employees you could dream of. Greed my friend, greed is what is driving this whole corrupt system.

 

[kafka khaos]

Perhaps I'm cynical, but this seems to be an issue of following the money. Because TFWs are easier to control, some employers prefer them - someone who is afraid of being deported is far easier to control than someone who is not similarly afraid. Once someone is a PR they don't need to be tied to a specific employer and thus they are no longer dependent upon that person.

Exactly right. It should not be cheaper and easier for businesses to hire TFWers. If they really truely need them in their sector, then they should be willing to pay a bit MORE for them.

Of course some, like MacDonalds, are willing to pay a bit more inorder to have an indentured work force. So even requiring business to pay 20% more to TFW would not solve all the issues, but I think it would go a long ways towards fixing some of the problems with the system.

The other change that needs to be implemted is to give TFWers more rights, and more avenues to report abuse from employers. If they had to pay a recruiter, they should get immediately reinbursement. If they had to pay their own air-fare, immediate reinbursement. If the business refuses to pay over-time, immediate reinbursement. If they are being gounged on unfair, over-market rents, they should get immediately reinbursement.

The sad fact is, right now it is very easy to abuse the workers because they have no where to go to report abuse and actually get results. Right now, they can report abuse, get fired and deported. Or they can just keep quiet. Those are not good options and we should require that better options exists for all TFWers.

 

[stopDA]

Exactly right. It should not be cheaper and easier for businesses to hire TFWers. If they really truely need them in their sector, then they should be willing to pay a bit MORE for them.

Of course some, like MacDonalds, are willing to pay a bit more inorder to have an indentured work force. So even requiring business to pay 20% more to TFW would not solve all the issues, but I think it would go a long ways towards fixing some of the problems with the system.

The other change that needs to be implemted is to give TFWers more rights, and more avenues to report abuse from employers. If they had to pay a recruiter, they should get immediately reinbursement. If they had to pay their own air-fare, immediate reinbursement. If the business refuses to pay over-time, immediate reinbursement. If they are being gounged on unfair, over-market rents, they should get immediately reinbursement.

The sad fact is, right now it is very easy to abuse the workers because they have no where to go to report abuse and actually get results. Right now, they can report abuse, get fired and deported. Or they can just keep quiet. Those are not good options and we should require that better options exists for all TFWers.

You're very mistaken about the TFW program. Employers have to pay a lot to bring over foreign workers these days. They have to pay for advertising their jobs for months in order to get an LMO, they have to pay processing fees and have to pay for transportation. It's actually illegal for recruiters in Canada to charge foreign workers money in exchange for finding them jobs. It's also illegal for employers to recover recruiting and transportation costs from foreign workers. If recruitment agencies are used to hire foreign workers, it's the employers who pay recruiters to find workers, not workers paying recruiters.

It's not cheap to hire foreign workers and the whole concept of workers being deported if they don't report abuse is a big myth. Unfortunately, a lot of the workers believe these myths and are this afraid of reporting their employers because of it. In the past, whenever such abuses occurred, the government just helped the workers find other jobs and let the hammer fall on the employers. If I find myself under an abusive employer (after the moratorium is lifted of course), I WILL without a doubt report the abuse and not even worry about what comes next. Unlike a lot of the other workers who are fooled into thinking that they're stuck with abusive employers, I actually know my rights.

 

[kafka khaos]

You're very mistaken about the TFW program. Employers have to pay a lot to bring over foreign workers these days. They have to pay for advertising their jobs for months in order to get an LMO,

All employers have to advertise for new jobs. Thats how you find employees.

they have to pay processing fees and have to pay for transportation.

Many force the employee to pay or deduct it from his paycheck. he government has never once enforced this rule. Even in cases where it has been made public the company has done this they have never been required to pay. I think there is only one expection in the entire history of the program, and millions of TFWers.

It's actually illegal for recruiters in Canada to charge foreign workers money in exchange for finding them jobs.

True, but it is not enforced. Even when the government is made fully aware it is going on. Source: http://thetyee.ca/News/2014/02/03/Temp-Worker-Program/ it says "the illegal recruiters who operate outside Canada's borders are beyond the reach of Canadian law enforcement. And while reporting for this Tyee reader-funded series found evidence of such illegal operations based on Canadian soil, no Canadian officials would estimate how many are operating in this country."

Please show me even one recruiter who has been punished?

It's also illegal for employers to recover recruiting and transportation costs from foreign workers. If recruitment agencies are used to hire foreign workers, it's the employers who pay recruiters to find workers, not workers paying recruiters.

A law that is never enforced is not a law.

It's not cheap to hire foreign workers and the whole concept of workers being deported if they don't report abuse is a big myth.

No its not a myth, there is no mechanizism for keeping them in the country if they file a complaint. They have 90 days to find a new job and new LMO then they are gone.

Unfortunately, a lot of the workers believe these myths and are this afraid of reporting their employers because of it. In the past, whenever such abuses occurred, the government just helped the workers find other jobs and let the hammer fall on the employers.

Source? Can you show me an example of the government "letting the hammer fall" on an employer? I am not aware of the government ever doing that even once until the very recent MacDonalds banning in april.

If I find myself under an abusive employer (after the moratorium is lifted of course), I WILL without a doubt report the abuse and not even worry about what comes next. Unlike a lot of the other workers who are fooled into thinking that they're stuck with abusive employers, I actually know my rights.

Good for you. I'm glad you have such strong convictons. It's just too bad that no one will back you up on that, especially not the government of Canada.

 

[torontosm]

You're very mistaken about the TFW program. Employers have to pay a lot to bring over foreign workers these days. They have to pay for advertising their jobs for months in order to get an LMO, they have to pay processing fees and have to pay for transportation. It's actually illegal for recruiters in Canada to charge foreign workers money in exchange for finding them jobs. It's also illegal for employers to recover recruiting and transportation costs from foreign workers.

"Pay a lot"? $275 for an admin fee doesn't seem like a lot. The advertising of the position is free on Jobbank or Kijiji, which is where many are posted. And, as Kafka Khaos mentioned, most employers recover the cost of the transport directly from the employee.

 

[stopDA]

Source? Can you show me an example of the government "letting the hammer fall" on an employer? I am not aware of the government ever doing that even once until the very recent MacDonalds banning in april.

OK, here's an article about somebody who's still in a boatload of legal trouble for abuse. I think that this case encompasses most of the different types of abuses that you mentioned, and it even throws a bit of racist malfeasance into the mix. The guy was forced to sell his restaurant for crying out loud. Anyway, here you go:

http://energeticcity.ca/article/news/2013/09/25/tim-hortons-ordered-to-release-documents-in-dawson-creek-human-rights-complaint

There are other similar cases like this one. It was long ago when I read about them, so I can't exactly find them all. There were a few more in BC as well as Saskatchewan, Manitoba and the Yukon. All of those employees were either given support in finding new work or they were nominated for PR under a different job. The hammer also fell on the employers really hard.

I job-hunted for almost an entire year trying to find an employer and I did background checks on every one of them. I can usually tell when I'm dealing with scuzzball employers and finding news articles about their abuses actually confirmed my judgment of some of them. I have my ways of finding out who's a scuzzball. The worst offenders seem to be concentrated in two particular cities/towns in Saskatchewan, but I won't say which ones (and they're not Regina and Saskatoon). The employer who hired me for his restaurant is most definitely not scuzzy, hence why I feel safe. If I'm wrong about my employer, then I can always be afforded protection by the government in the same way as those other people.

 

[stopDA]

"Pay a lot"? $275 for an admin fee doesn't seem like a lot. The advertising of the position is free on Jobbank or Kijiji, which is where many are posted. And, as Kafka Khaos mentioned, most employers recover the cost of the transport directly from the employee.

Recruiters charge employers upwards of $1000 per person. Not only that but there's the $275 LMO fee and transportation costs. They have to pay for the foreign worker to have private healthcare until the worker is eligible for state-funded healthcare, and in addition to advertsing on JobBank and Kijiji, they have to advertise in the newspaper which is expensive (well, at least my employer had to).

Also, it is ILLEGAL to recover the cost of anything from the employee. Very few employers would ever actually break the rules because they could get in a lot of trouble for doing so. Their next LMO application is scrutinized whenever they get caught doing stuff like this.

 

[kafka khaos]

OK, here's an article about somebody who's still in a boatload of legal trouble for abuse. I think that this case encompasses most of the different types of abuses that you mentioned, and it even throws a bit of racist malfeasance into the mix. The guy was forced to sell his restaurant for crying out loud. Anyway, here you go:

http://energeticcity.ca/article/news/2013/09/25/tim-hortons-ordered-to-release-documents-in-dawson-creek-human-rights-complaint

Thank you for that link. It is interesting to note it is the BC Human Rights tribunal which is going after this company, not the federal government or any of the agencies involved in regulating and overseeing the TFW program. Because there is no regulation of the TFW program.

 

[kaligayahan]

Thank you for that link. It is interesting to note it is the BC Human Rights tribunal which is going after this company, not the federal government or any of the agencies involved in regulating and overseeing the TFW program. Because there is no regulation of the TFW program.

I like how Tim Horton's tried to distanced themselves from this case. And how they were able to defer it to the B.C. Human Rights Tribunal. Which of course then allowed them to dodge a bullet from the TFW program. Well played, well played indeed.

Here is a link to the tribunal hearing. Bit of an interesting read.

http://bcpiac.com/wp-content/uploads/2014/01/05-22-2013-Form-1E-Amending-Section-E1-Final.pdf

 

[stopDA]

I like how Tim Horton's tried to distanced themselves from this case. And how they were able to defer it to the B.C. Human Rights Tribunal. Which of course then allowed them to dodge a bullet from the TFW program. Well played, well played indeed.

Here is a link to the tribunal hearing. Bit of an interesting read.

http://bcpiac.com/wp-content/uploads/2014/01/05-22-2013-Form-1E-Amending-Section-E1-Final.pdf

Holy damn, that link was painful to read but I read through all of it in one sitting. I hope that scuzzball employer loses all his money and goes to jail (one made of steel and concrete rather than gold). You're right that the TFW program could use more oversight, but getting rid of it completely, is out of the question.

 

[computergeek]

Note that the Employment Standards Bureau in BC clearly states that TFWs have the same protections: http://www.labour.gov.bc.ca/esb/facshts/foreign_workers.htm

That the office in Dawson's Creek said they couldn't help because those workers were TFWs is disgraceful and should be investigated because if true it represents a fundamental failure of the system to properly protect workers.

One very important part of this information:

An employer or an employment agency cannot force a foreign worker to return to his or her country of origin if the employer terminates an employment contract before the work permit expires or if the foreign worker finds a job with another employer. Only the Government of Canada has the legal authority to remove a person from Canada.

Another excellent publication: http://www.cic.gc.ca/english/pdf/pub/tfw-rights-english.pdf

Are you a victim of human trafficking?
You might be a victim of human trafficking if you answer “yes” to one of these questions:

 Are you restricted from leaving the work site or your accommodation on your own?

 Has someone taken away your passport or work permit from you?

 Has your employer - or someone representing them - physically, sexually or psychologically abused you, or allowed it to happen to you?

 Has your employer or someone representing your employer threatened you or your family member?

 Do you fear something bad will happen to you or to a family member if you leave your job?

The Tim Horton's employees in that complaint are clearly subject to exactly this type of treatment.

If CIC finds that someone has been subject to Human Trafficking, the law allows them to issue a Temporary Resident Permit:

CIC helps protect victims of human trafficking by securing their immigration status with a special temporary resident permit (TRP). An initial TRP may be issued for up to 180 days but, depending on the person’s situation, can be reissued at the end of the 180-day period.

This can lead to an open work permit and eventually eligibility for permanent residency - though this requires the TRP permit holder remain in Canada under a valid TRP for five years. At that point they are eligible in the Permit Holder's class.