Hello, does the employer have to pay for TFW's travel back to his country if he fires the employee and terminates the contract early? And what if he doesn't?
TFW contract termination
- Thread starter Heather Lee
- Start date
So they pay for his travel to bring him to Canada, than they fire him and don't pay for his travel back?
Is that how it works?
It would help if you tell us the NOC / occupation.
Does his contract with the employer indicate anything about covering travel expenses?
Hello, so the law is different for different NOC codes?
His NOC is 73300.
Yes, the contract looks like "Annex 2 , instruction sheet" with some changes they made in their favour.
It says "The EMPLOYER agrees to assume the transportation costs of the round trip travel of the EMPLOYEE between his/her country of permanent residence and place of work in Canada, TO BE DETERMINED. It is the EMPLOYER'S obligation and responsibility to pay for the transportation costs and they cannot be passed on to the foreign worker (i.e. the EMPLOYEE pays for the transportation costs on behalf of the employer and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from the EMPLOYEE. "
It doesn't say what happens if the employee or the employer terminate the contract early.
For temporary workers, there is a difference between occupations.
However it looks to me like the contract covers a return trip. Of course I don't know what else is stated in the contract later that could impact this. If the employer is refusing to pay for the return trip, I would get a consult with an employment lawyer. Good luck.
Thank you, it's basically the text in Annex 2 with some details changed in their favour:
https://www.canada.ca/content/dam/esdc-edsc/documents/services/foreign-workers/hire/median-wage/low/employment_contract.pdf
It doesn't say anything else anywhere else about transportation costs.
Given that it says TBD typically that means transportation is not included. Did the employer pay for his travel to Canada? In some NOCs the employers are required to pay for travel costs.
Yes, they paid for his travel to Canada.
I need to know if they are required to pay for his travel back if they terminate the contract early or if he does.