Worker rights and obligations
In Quebec, the law governs the working conditions of most workers, whether full-time or part-time. They are thus entitled to certain rights in the exercise of their employment, as well as bound by specific obligations.
Workers are therefore entitled to certain rights.
These rights include the right to a salary, which is guaranteed, as well as the right to a work schedule that includes breaks, annual leave, public holidays, medical leave and leave for parental or family obligations.
All workers are also entitled to a workplace free of any form of psychological or sexual harassment, and employers have a duty to ensure this.
In the event of termination (dismissal, layoff, discharge, or resignation) the worker is entitled to receive all amounts owed to them.
If a worker’s rights are not respected, they can appeal to the CNESST.
These rights are accompanied by a number of obligations, starting with compliance with the employment contract. Workers are also required to inform their employer as soon as possible if they have to be absent for health reasons, or because of parental or family obligations.
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Temporary foreign workers have the same rights and obligations as any worker in Quebec.
Certain measures specifically concern agricultural workers, particularly foreign workers. See the information document made available by the CNESST.
See also the “Vous travaillez en agriculture au Québec, des particularités s’appliquent” section on the CNESST website, which provides information in French, English, and Spanish.
Your rights as a TFW
- Work must be voluntary: you cannot be compelled to work or remain with an employer, even if, in the case of a work permit linked to your employer, leaving your employer obliges you to find a new employer prepared to take the necessary steps to obtain a new work permit.
- You have the right to a fair wage. At the very least, the wage stipulated in your work permit or in the government-approved job offer.
- Your personal documents belong to you: no agency or employer can keep your passport or work permit.
- You have the right to decent housing. If accommodation is provided by your employer, it must meet minimum standards (in particular, hygiene and safety).
- Access to health care: as a TFW, you are eligible for coverage under the Quebec public health insurance plan (RAMQ). If you are subject to a time limit or private insurance provided by your employer.
Employer rights and obligations
In Quebec, employers have obligations toward their workers, in full compliance with the laws enforced by the CNESST.
- Assigning tasks;
- Managing worker performance, lateness, absences, and disciplinary measures;
- Dismissals, layoffs and terminations;
- Preventing all forms of harassment.
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Measures aimed at improving protection of TFWs
At the federal level, Employment and Social Development Canada (ESDC) oversees the protection of temporary foreign workers (TFWs), particularly in matters of recruitment, employment and health. Several measures have been taken in this direction, including:
- Employers must inform temporary foreign workers of their rights “no later than the first day of work”;
- An employment contract must be submitted no later than the first day of employment. The contract must offer the same salary and conditions as the job offer, in addition to corresponding to the market;
- Employer retaliation is prohibited;
- Workers must not bear the costs related to recruitment, the Labour Market Impact Assessment (LMIA), or any other employer or third-party fees. They are only responsible for visa, work permits, or residence fees;
- If a worker falls ill or is injured, the employer must help them to obtain health-care services. They must hold private insurance to cover emergency care.
These measures apply to all temporary foreign workers, whether they fall under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).
Special rules for hiring TFWs
Closed work permit, open work permit
An open work permit is not tied to a specific job, and therefore allows the holder to hold one or more positions for any employer anywhere in Canada, except for those deemed ineligible to hire temporary foreign workers.
Example: holders of a post- graduation work permit or the spouses of eligible international students or temporary foreign workers, who are automatically granted an open work permit.
A closed work permit binds the worker to a given employer. Its validity depends on the continuation of that employment in accordance with the conditions described in the initial offer.
Example: a worker under the Temporary Foreign Worker Program (TFWP).
In this second case, the question arises as to whether the position is classified as low-wage or high- wage. The distinction between low- wage and high-wage employment is fundamental for both employers and temporary foreign workers, as it significantly influences the procedures for obtaining a work permit, as well as the rights and obligations of each party — and, more broadly, the overall employment relationship.
Low-wage job or high-wage job?
The terminology “low-wage” and “high-wage” is specific to the Temporary Foreign Worker Program (TFWP).
How do you know whether you’re on a high wage or low wage? Simply refer to the median hourly wage rate, updated annually by Employment and Social Development Canada (ESDC). This figure does not represent the provincial or territorial median wage, but rather a salary threshold used specifically within the Temporary Foreign Worker Program (TFWP) to determine whether a position is classified as high-wage or low-wage.
Limits on hiring for low- wage positions
The consequences of a low-wage classification are manifold.
In the low-wage section, businesses are subject to a limit on how many people they can hire. This is currently set at 10% of the total workforce per workplace.
What’s more, TFWs hired under the low-wage section are only eligible for a one-year work permit.
Two other temporary measures in force simply prevent the hiring of low-wage TFWs – or the renewal of a work permit for a TFW who is still earning below the median wage:
• A federal measure prohibits such hiring in Census Metropolitan Areas (CMAs) with unemployment rates of 6% or more;
• A provincial measure prohibits businesses on the islands of Montreal and Laval from hiring low-wage TFWs.
