The hiring of foreign workers is becoming more and more common in the job market. Foreign workers fill the labour shortage in certain sectors of activity in Quebec and bring new skills and knowledge to support the country’s economic development.
If you are a foreign worker in Quebec, you should know that you have the same rights and obligations as permanent workers, particularly with regard to the right to the Commission des normes de l’équité de la santé et de la sécurité du travail (CNESST).
Your rights and obligations in Quebec
To know your rights and obligations as a worker in Quebec, you must get information on 4 essential subjects:
- Working conditions
- Occupational health and safety
- Pay equity
- Laws and regulations
Working conditions
The working conditions concern:
- Working hours: the normal working week, attendance rules, breaks, meals, weekly rest, remuneration for training, the right to refuse to carry out a task or to work overtime, the conditions that apply to youth work, the staggering of working hours, etc.
- Statutory holidays: list of statutory holidays, non-working days and paid holidays in Quebec and how the indemnities for a statutory holiday are calculated.
- Wages: as of May 1, 2022, the minimum wage in Quebec is $14.25/hour and the wage for tipped positions is $11.40/hour. For commission or piecework wages, they must not be less than the minimum wage.
- Vacations: as a full-time or part-time temporary worker, you need to know your annual vacation entitlement and how holiday time and allowance are calculated. You should also find out about going on holiday and the different types of holiday.
- Termination of employment: you must know your rights and obligations in the event of dismissal, layoff, or resignation as well as how compensation is calculated and how to file a complaint with the CNESST in the event of unjust dismissal.
Occupational health and safety
The employer is responsible for the health and safety of the temporary foreign workers. He must be registered with the CNESST to protect your rights.
Mandatory protection
As a temporary foreign worker, the CNESST compensates you in the event of a work accident or occupational disease to replace the loss of income and the costs of care and rehabilitation.
Worker training
Temporary foreign workers have the right to access the training courses organized by the company to:
- Perform their tasks correctly;
- Learn about safety regulations;
- Know the job requirements;
- Become familiar with the work environment;
- And so on.
Taking responsibility for occupational health and safety
The employer must organize prevention in the workplace, i.e., the implementation of the necessary measures to identify, reduce and control the risks that may cause work accidents or occupational diseases.
Pay equity
The Pay Equity Act consists of offering a person in a typically female job the same salary as a person in a typically male job of the same value in the same company.
Laws and regulations
The rights of temporary foreign workers are protected by the same laws that govern the working conditions of a permanent worker:
- Act respecting labour standards;
- Pay Equity Act;
- Act respecting Occupational Health and Safety;
- Act Respecting Industrial Accidents and Occupational Diseases
You had an accident at work or an occupational disease
If you are the victim of a work-related injury (work accident or work-related illness), you must take the following steps:
- Inform your employer;
- Consult a physician;
- Give the medical certificate to your employer;
- Complete the Worker’s Claim (WCR);
- Pass the medical exams;
- Keep the CNESST informed.
Lawyer specialized in work accidents
You experience psychological or sexual harassment at wor
Psychological or sexual harassment in the workplace takes the form of repeated acts that may affect the rights and dignity of the person or impair his or her physical or mental health. This harmful behaviour may be based on discrimination according to race, skin color, age, language, sex, marital status, religion, disability, etc.
If you think you are a victim of psychological or sexual harassment at work, you can:
- Notify your employer or the person designated in its prevention policy;
- File a complaint with the CNESST;
- Contact your union.
A guide for victims of psychological harassment at work
You work in agriculture in Quebec
Farm workers may or may not be seasonal workers. In any case, you should find out about:
- Working conditions for agricultural work;
- Minimum wage for strawberry and raspberry picking ($1.13/kg for strawberry pickers and $4.23/kg for raspberry pickers)
- Overtime;
- The right to refuse work;
- Risk prevention measures in the agricultural sector;
- Filing a complaint;
- Etc.
You work as a domestic worker in Quebec
Domestic workers are people who perform tasks for an individual such as housework or maintenance, care of a person or animal, and any other tasks related to the individual’s home.
You are hired by a temporary foreign worker recruitment agency
Recruitment-related services must comply with the Personnel Placement Agencies and Temporary Foreign Worker Recruitment Agencies Regulations.
Recruitment agencies must give the temporary foreign worker:
- A document that explains the working conditions of the client company;
- A pamphlet provided by the CNESST indicating the rights of workers and the obligations of employers.
Other documents that can help you when you come to work in Quebec
These documents are also useful if you come to work in Quebec:
- Labour Standards Checklist: a sample pay statement;
- What to do in the event of an accident: rights and obligations in terms of health and safety at work, as well as the steps to take in the event of an accident or occupational illness.
Need legal assistance?
If you are a foreign worker, you must inform yourself of your rights and obligations before signing an employment contract. The law firm of Accident Solution specializes in assisting foreign workers in order to ensure their integration into the job market and to assert their interests in the event of a dispute with an employer or to contest a decision of the CNESST.
