The nature of the contract
The employment contract is a written or verbal agreement between a worker and an employer. In exchange for remuneration, the worker undertakes to perform a task for the employer.
An employment contract is worthless if it does not comply with labour laws, even if the employer and worker agree to it.
In addition to specifying the tasks to be performed by the worker and the duration of the agreement, the employment contract should also state The working conditions (salary, work schedule, leave, etc.). Even if it can be determined orally, it is advisable to set out the employment contract in writing, to avoid misunderstandings.
The form of the employment contract may vary according to the business or the status of the worker. A model employment contract is provided by the CNESST and can be adapted by employers to suit their own situation. The Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) also offers an employment contract template specifically for temporary foreign workers (TFWs).
Special TFW
Any employer hiring a temporary foreign worker (TFW) in Quebec is required to provide a written employment contract, in accordance with the requirements of the Quebec government.
This rule applies to all types of TFW under the:
- Temporary Foreign Workers (TFWs) program;
- Seasonal farm workers program (farm workers stream of the TFWP and SAWP). In the case of the SAWP, the employer is required to provide the worker with a copy of the employment contract in Spanish;
- International Mobility Program (IMP), whenever the work permit issued is a closed permit.
What are the differences between the Agricultural Stream of the TFWP and the Seasonal Agricultural Workers Program?
The Seasonal Agricultural Workers Program (SAWP), part of the TFWP, is based on bilateral agreements between Canada and certain countries:
Anguilla • Antigua and Barbuda • Barbados • Dominica • Grenada • Jamaica • Mexico • Montserrat – Saint Kitts and Nevis • Saint Lucia • Saint-Vincent and the Grenadines • Trinidad and Tobago
The agricultural stream of the Temporary Foreign Worker Program (TFWP) is more flexible, with no specific agreement, and allows the recruitment of foreign workers from several other countries.
- Contract duration: Maximum 8 months
- Contract language: Translation required and validated by consular authorities
- Eligible countries: Mexico and Caribbean countries
- Type of work permit: Closed
- Housing: Mandatory, employer-paid and subject to inspection
- Government oversight: Strong consular involvement
- Health insurance: Private, paid by the employer (not eligible for RAMQ)
- Recourse in cases of abuse: Consulate, CNESST
- Contract duration: Up to 24 months
- Contract language: Contract written in a language understood by the worker
- Eligible countries: No restrictions
- Type of work permit: Closed
- Housing: Mandatory (price capped according to housing type) and subject to inspection
- Government oversight: Less supervision
- Health insurance: Private, paid by the employer (not eligible for RAMQ)
- Recourse in cases of abuse: CNESST, local community organizations
Clauses included in the employment contract
The employment contract may contain several clauses that require careful attention, particularly when hiring a temporary foreign worker.
Certain clauses must be included in an employment contract intended for a temporary foreign worker. Section 6 of the Quebec Immigration Regulation provides that the employment contract must, at a minimum, include the following elements:
- The business’s full contact details;
- The worker’s full contact details;
- Duration of the employment contract, including start and end dates;
- Job title and description of duties, consistent with the job posting;
- Details of remuneration (payment terms, base salary, bonuses,
benefits plan); - Work schedule;
- Vacations and leave;
- Duration of trial period and/or training period, if applicable;
- The health and hospitalization insurance plan provided;
- Terms governing termination of the employment contract;
- A commitment to comply with Quebec’s labour standards.
Presence or absence of a collective agreement
There is no traditional individual contract: employment is governed by a collective agreement, a contract negotiated between the employer and the union. Working conditions are negotiated by the union, on behalf of its unionized workers, who are automatically bound by this agreement.
Can negotiate and sign individual employment contracts with their employer. Working conditions are governed by labour standards and the Quebec Labour Code.
The employment contract may also include any other clauses deemed relevant by the employer, provided they comply with labour laws. It must comply with standards relating to salary payment, calculation of overtime, statutory holidays and days off, various types of leave, compensation, meal times and procedures in cases of non-compliance.
Special TFW
For the TFW, the contract is a vital component of their application when seeking a work permit. It is used by the authorities to assess the candidate’s suitability for the job during the Labour Market Impact Assessment (LMIA).
Employers are therefore advised to carefully describe the duties to be performed, ensuring that the description accurately reflects the reality of the position to be filled, and the skills of the foreign worker.
The TFW must have a copy of their employment contract before the employer submits the Application for Temporary Selection (ATS) to Employment and Social Development Canada (ESDC, federal) and the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI, provincial).
For jobs requiring an LMIA, the employer must also provide the future foreign worker with a duly signed employment offer letter, which must be included in the application file. This must refer to the same occupation, salary and working conditions that appear in the employment contract.
Purpose of the contract
The employment contract aims to protect the worker’s rights against potential abuses by the employer.
It guards against various forms of abuse: unpaid wages, unpaid overtime, inadequate housing conditions, or unilateral changes to working conditions.
For Temporary Foreign Workers with closed work permits, whether under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP), the employment contract cannot be substantially modified without submitting a new Labour Market Impact Assessment (LMIA) and work permit application. These significant changes may, for example, involve a change of position or workplace, or a substantial increase in salary.
Workers holding open permits, as well as permanent residents and Canadian citizens, may freely change positions within the same business or move to a different employer.
Recruitment and placement agencies
To avoid exploitation by recruitment or placement agencies, temporary foreign workers (TFWs) can:
- Verify that the agency holds a licence issued by the CNESST;
- Ensure they do not have to pay any fees to secure employment: recruitment costs are borne by the employer, not the worker;
- Confirm that the agency has provided written information regarding: the job offered, salary and working conditions, the employer’s name and housing arrangements (if applicable).
The agency is also bound by the Charter of Human Rights and Freedoms, which prohibits any form of discrimination against workers on protected grounds.
Special TFW
An employer or a recruitment or placement agency is prohibited from requiring a temporary foreign worker to surrender documents, such as a passport or work permit, even if the latter is closed and tied to the job in question.
Furthermore, the employer or agency may not retain any personal property belonging to a TFW, such as a mobile phone.
