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Guide to Labor and Employment Laws for Migrant Workers in Canada

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Foreign Workers’ Guide to Labour and Employment Laws in Canada

What are my rights as a worker in Canada?
What is the most important thing I should know about Canadian labour and employment law?
Federal industries subject to the Canada Labour Code
Where do I go if I believe my employer has treated me unfairly because of my sex or race or other qualities I have that make me different?
What does a human rights commission do in Canada?
What can I do if my employer does not pay me the minimum wage and overtime?
Farm workers rights
What can I do if my employer does not pay me for all my work or does not pay me at all?
What can I do if I am hurt on the job?
Health insurance in Canada
Where do I go if my workplace is unsafe and I want to report it to someone?
What can I do if my employer fires me?
Where do I go if I want someone to explain the law to me and help me with my case?
Beware of traffickers
Housing

Guide to Labour Relations Law in Canada

Provincial or federal: which labour relation law applies?
What activities do labour relations laws protect?
Federal industries subject to the Canada Labour Code
What is a union and what can it do for me?
What are the advantages of joining a union?
Union certification
Is it legal for my employer to try to interfere with my right to join or not join a union?
Does the union have any duties toward its members?
Where can I go to file a complaint if my rights as a union member are violated?
Grievances
Do I have a constitutional right to be a union member?
Secondary picketing

Guide to Laws Prohibiting Forced Labour in Canada

What is forced labour?









Guide to Child Labour Laws in Canada

At what age can I start to work in Canada?
What do I need to do to be able to work?
Can I work whenever I want?
Can I work wherever I want?
Can I work at night?
How many hours a day can I work?
Can I work on a farm in Canada?
Do child labour laws apply to farm work in the same way as to other jobs?
Provincial contact information

Guide to Minimum Employment Standards, Pay Deductions and Employment Insurance in Canada

What is the minimum hourly wage in Canada?
Is there a limit on the number of hours my employer can make me work each week?
What is overtime pay?
Must my employer pay me for holidays when I am not working?
Must my employer give me notice before dismissing me from my job?
Am I entitled to a paid vacation in Canada?
What happens if I lose my job?
I am a farm worker. Do I have the same protections as other workers?

Guide to Employment Discrimination Laws in Canada

Provincial or federal: which law applies?
Am I protected from discrimination based on union activity?
Human rights laws at a glance
You are protected from discrimination at every stage of you relationship with an employer
What if a supervisor or co-worker insults me or makes me uncomfortable because of my race or sex?
What if I have a disability or a special need? Am I protected by human rights laws?
Employer liability
Pregnancy discrimination
Retaliation prohibited
What do I do if discrimination is a problem in my workplace?
Do human rights commissions do more than investigate discrimination complaints?
Human rights commission

Women's Guide to Pregnancy on the Job in Canada

Applying for and keeping a job during pregnancy
How long may I work during my pregnancy?
What can I do if my employer discriminates against me because I am pregnant?
What if I become sick and can no longer work during my pregnancy?
What is Employment Insurance?
How do I qualify for EI maternity and paternal benefits?
When can I receive EI maternity benefits?
Employment Insurance for migrant and seasonal farm workers
Safety of pregnant workers
What can I do if my work is unsafe for my unborn child?
Can my employer stop me from working out of concern for my pregnancy?
Does my employer have to give me my job back after maternity and paternal leave?
What is a reasonable accommodation?
What about prenatal health care?
Health care for foreign temporary workers
Migrant farm workers: Tips for a safe and healthy pregnancy

Guide to On-the-Job Safety and Health in Canada

What do I need to know?
Does the federal or the provincial law protect me?
Why should I care about workplace safety?
What are my responsibilities?
Federal industries subject to the Canada Labour Code
I am a farm worker. Is my work covered?
Field sanitation standards for farm workers
What are my employer’s responsibilities?
What is a joint committee?
Where do I go to complain about unsafe or dangerous conditions?
How can I tell if my work is unsafe?
Construction workers in Ontario
The right to refuse dangerous work
What if I am hurt on the job?

Guide to Pesticide Safety in Canada

What are pesticides?
What do pesticides look like?
Are there agencies and laws that cover pesticides?
Who protects workers from pesticides?
Who enforces pesticide laws?
Who should I call if I have questions about pesticides?
The importance of pesticide regulation
Follow the instructions on the label
How can I protect myself from pesticides?
How do I know if I have been harmed by pesticides?
Pesticides can hurt you years later
Provincial and territorial pesticide and health and safety agencies

Guide to On-the-Job Injuries in Canada

I got hurt on the job. What can I do?
What is workers’ compensation?
How do I know if I can get workers’ compensation?
What about workplace stress?
I am a farm worker. Am I covered?
I am a domestic worker. Am I covered?
Does the payment of workers’ compensation come out of my paycheque?
Are all of my on-the-job injuries covered?
What medical expenses are covered?
Is workers’ compensation like welfare?
What if I get injured outside the province where I work?
What benefits will I receive?
What rights do my family members have?
What do I have to do to get my benefits?
Prevent injury by working safely
What must my employer do after learning I was hurt on the job?
Does it matter what health care provider (doctor) I choose?
Worker inquiry numbers

Guide to Social Security and Retirement in Canada

How can I qualify for Old Age Security benefits?
How do I qualify for the Canada Pension Plan?
What happens if I have paid into the Quebec Pension Plan in the past?
How do I contribute to the CPP?
How does the CPP keep track of my earnings?
What is the T-4 slip?
I am in Canada on a temporary work visa. Do I have to contribute to the CPP?
If I die, will my family be able to get my CPP benefits?
Are there any other government programs that might help me?
How can I make sure that my employer is making contributions into the system?
How much will my benefits be?
What about my health care costs?
How do I apply for retirement benefits?
What happens if I apply for benefits and I am denied or do not understand the decision?
Can I receive my CPP payments outside of Canada?
Can I get benefits if I live in Canada now but worked in another country?
What about migrant and seasonal farm workers?

Guide to Disability and Health Care in Canada

What is the Canada Pension Plan (CPP)?
How do I qualify for the CPP?
What does “disabled” mean?
How long can I get CPP benefits?
Can I get other CPP retirement and disability benefits at the same time?
I am in Canada on a temporary work visa. Do I have to contribute to the CPP?
How much will my benefits be?
Will my family be able to get CPP benefits?
What happens if my disability is not permanent, but I am still too sick to work for a while?
How do I qualify for EI sickness benefits?
How long can I get EI sickness benefits?
Will I be able to collect benefits if I get hurt or sick on the job?
What about medical costs from my disability?
Health care for foreign temporary workers
CCMSAWP workers
What about migrant and seasonal farm workers?
How do I apply for disability benefits?
Can I get help once I decide to go back to work?

Guide to the Commonwealth Caribbean and Mexican Seasonal Agricultural Worker Program (CCMSAWP) in Canada

Who can work in Canada under the program?
How much will I be paid as a CCMSAWP worker?
What is the employment agreement?
Where in Canada will I be working?
How long can I work under this program?
How long can I remain in Canada?
Will my employer provide housing?
Will I have to provide my own meals?
Will I receive health insurance?
What happens if I get injured on the job?
What is workers’ compensation?
May I bring my family with me to work in Canada?
Will my employer pay for my travel costs?
I have worked under the program before. Will I work for the same employer again?
What can I do if my employer does not follow the employment agreement?
What happens if I decide to leave the job?
The Government Agent
What if my employer wants to transfer me to another employer?
Does the new employer have to provide me with the same benefits?
Summary of your rights

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Disclaimer: The legal content in this Guide is meant for educational and informational purposes only and is not intended to serve as legal advice. For legal advice, you should contact a lawyer with appropriate expertise.

Copyright: This Guide is in the public domain and may be freely downloaded, reproduced and distributed without permission.

If you have questions or comments about this Guide, contact us at migrants@naalc.org or (202) 464-1100.

Copyright © 2004 Commission for Labor Cooperation. Website design by Globescope, Inc.