Your Rights as a Temporary Foreign Worker

Many temporary foreign workers believe a closed permit puts them at the mercy of their employer. That is false. Whatever your permit type, and even if you've been in Quebec for less than 3 months, you have exactly the same labour rights as any employee in the province: minimum wage, pay for every hour worked, statutory holidays, vacation, and a safe workplace.

This guide explains those rights, and above all the concrete recourse if an employer abuses them. It complements our work-permit guide, which covers the application process.

Your rights as an employee are protected by the CNESST, the Quebec body that enforces labour standards. They do not depend on your immigration status. In practice:

• The minimum wage, and pay for every hour actually worked
• Overtime premium pay beyond the standard work week
• Paid statutory holidays and paid annual vacation
• A safe workplace, and compensation if you're injured at work
• The right to refuse dangerous work
• The right to be treated without harassment or discrimination

No one may pay you «under the table», below minimum wage, or withhold your wages because you're new or because your permit is tied to them.

The difference between the two permit types is not administrative — it changes your balance of power day-to-day.

A closed permit ties you to a single employer, a single occupation, a single work location. You cannot change jobs without a new permit application. It's this link that makes a worker vulnerable: if the employer abuses you, leaving appears to mean losing your right to work.

An open permit is tied to no specific employer. You can leave a job and look for another freely.

Check which category your permit belongs to: it's printed on it. And even with a closed permit, you're never truly trapped — the next section explains why.

Certain signs should alert you. At the time of writing, federal regulations describe several forms of abuse in connection with employment: physical abuse, sexual abuse, psychological abuse such as threats and intimidation, financial abuse such as fraud and extortion, and reprisals against a worker who defends their rights.

In practice, situations to never accept:

• An employer or agency that keeps your passport, work permit or phone — this is prohibited in Quebec
• Anyone who makes you pay to get the job itself — prohibited
• Hours worked but unpaid, or wages below the minimum
• Threats to have you removed from the country if you complain
• Dangerous work with no equipment or training

If you recognize your situation: it is not your fault, and you are not alone.

The federal government offers a recourse designed exactly for closed-permit workers facing abuse: the open work permit for vulnerable workers. Its purpose is to let you leave an abusive employer and look for another job, without staying trapped.

At the time of writing, this permit has important features:

• It is free: no permit fee and no biometrics fee
• It's an open permit, so you can then work for almost any employer
• The application is made online, not at the border
• The application is processed confidentially with respect to the employer

The eligibility conditions and the exact procedure can change — check the rule in force on the Government of Canada's official site, and get support from a community organization or legal aid: you do not have to build this file alone.

Leaving an abusive situation is one thing; changing employers simply by choice is another, and it is also possible.

With a closed permit, you generally cannot start a new job without a new authorization: the permit names a specific employer. The procedure, at the time of writing, looks like this:

1. You find a new job, and the employer completes the required authorizations on their side.
2. You file an application for a new work permit with the federal government.
3. The federal government also applies a policy that may, in some cases, let you start the new job sooner — after submitting your application, without waiting for the permit to be printed.

These rules and timelines evolve. Check the procedure and eligibility in force on the Government of Canada's site before acting, and never leave one job to start another without confirming you are authorized to do so.

You never have to solve a problem with an employer alone. Several resources, free of charge, can support you. The table below summarizes who to turn to depending on your problem.

One important point: the CNESST can take action on behalf of a temporary foreign worker even without a formal complaint from them, when it has grounds to believe their rights are not being respected.

You can reach the CNESST by phone, anywhere in Quebec, at a toll-free number: 1 844 838-0808. For status questions and immigration recourse, our guide on free legal aid details how to get support without paying a private lawyer.

The most common questions temporary workers have about their rights: the open permit for vulnerable workers, leaving a job, complaining without losing status, and Employment Insurance.

For official and always up-to-date information, see these pages:

• Open work permit for vulnerable workers (Government of Canada)
• Temporary foreign workers (CNESST)
• Rights and obligations of temporary foreign workers (Government of Quebec)
• Changing the conditions of your work permit (Government of Canada)

You can also reach the CNESST at 1 844 838-0808, a toll-free number in Quebec.

Related resources may be useful:

• The work permit in Quebec — the process to obtain a closed or open permit, the LMIA, and the CAQ.
• Free legal aid in Quebec — how to get support for a recourse without paying a private lawyer.
• Parcours — Temporary worker — all your steps, from the LMIA to permanent residence.