The BC Trucking Association (BCTA) has created a pamphlet to help truck drivers hired as Temporary Foreign Workers (TFWs) understand their rights, and what resources are available to them if they need help.
TFWs have the same rights as any other worker in Canada, and their employer must meet government standards related to hours of work; holidays; leave; dismissal and severance pay; wages and deductions; working conditions, etc.
A TFW must be offered the same job and the same or better wages and working conditions as those in the offer of employment. Their employer must also provide a workplace that is free from abuse. Workplaces should support worker safety and employers must provide proper training to employees when dealing with potentially dangerous conditions is part of the job. An employee also has the right to refuse unsafe work.
For more information:
- See BCTA’s Foreign Worker Rights pamphlet
- BCTA’s pamphlet provides contact information for government agencies that deal with workplace complaints, and workplace health and safety issues
- Employment and Skills Development Canada document: Temporary foreign workers: Your rights are protected
- Foreign workers can report abuse with the online reporting tool or by calling the Service Canada Confidential Tips Line at 1-866-602-9448.
Background
The Temporary Foreign Worker Program allows Canadian employers to hire foreign nationals to fill temporary labour or skill shortages when qualified Canadian citizens or permanent residents are not available.
In order to hire TFWs, an employer must apply to ESDC for a labour market impact assessment (LMIA). If the employer successfully receives their LMIA confirmation letter from ESDC, they must provide a copy to the TFW, and advise them to apply to Immigration, Refugees and Citizenship Canada for a work permit. The employer is responsible for arranging the TFW’s compensation benefits, medical coverage, verifying that the employee has a SIN, and ensuring the conditions and time limits on the work permit are respected. The employer must also pay for round trip transportation to Canada and to their country of residence at the end of their work period.
Since the TFWP is designed to fill temporary shortages, TFWs are required a return to their country of residence after their work permit expires, or they can apply for permanent residence if they wish to remain in Canada. In BC this is possible through the Provincial Nominee Program, which accepts applicants working in long-haul trucking in its Skills Immigration – Entry Level and Semi-Skilled category.