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For Newcomers to Canada

If you are working in Manitoba, your Employment Standards rights apply to you regardless of your immigration status.

This includes:

  • Permanent residents
  • Temporary foreign workers
  • International students with work authorization
  • People on open or closed work permits
  • People on bridging or implied status while a renewal is in progress

Citizenship is not a precondition for being protected under the Manitoba Employment Standards Code. An employer cannot legally pay you less, deny you overtime, deny you vacation, or terminate you without notice because of your status.

Many newcomers don’t know these rights apply to them, and some employers deliberately rely on that. Common patterns we see:

  • Being told “Canadian rules don’t apply to you because you’re on a work permit.” This is false.
  • Being told that filing a claim will jeopardize your immigration status, visa, or path to permanent residency. Filing an Employment Standards claim does not affect your immigration status. The Employment Standards Branch and Immigration, Refugees and Citizenship Canada (IRCC) are separate.
  • Being paid less than minimum wage, in cash, or with deductions for things the employer is required to provide.
  • Being asked to repay recruitment fees, or having those fees deducted from your pay. Charging recruitment fees to a worker is generally prohibited.
  • Being threatened with deportation, complaints to immigration authorities, or refusal to support a permit renewal as a way to keep you working in unsafe or illegal conditions.

Closed Work Permits and Employer-Tied Workers

Section titled “Closed Work Permits and Employer-Tied Workers”

If you are on a closed work permit tied to a specific employer, you may feel especially trapped. The rights are still yours. Two specific things that may help:

  • Open work permits for vulnerable workers. If you are experiencing abuse, including labour exploitation, you may be eligible for an open work permit that frees you from a specific employer. Information is available through IRCC.
  • Confidential support. Employment Standards inquiries can be made anonymously. You can ask questions to understand your situation before you decide whether to file.
  1. Read What are Employment Standards? to understand the baseline.
  2. Document your work, hours, pay, what you were promised, what you were paid, any threats or pressure.
  3. Don’t sign anything you don’t understand. If a document is in English and you don’t read English well, get help translating it before signing. This applies to contracts, termination letters, and severance releases.
  4. Talk to a settlement agency or worker advocacy organization. They can help in your language and at no cost.
  5. Consider a confidential inquiry to Employment Standards before deciding to file a claim. They can tell you whether the situation sounds like a violation.
  • Manitoba Employment Standards Branch, for the rules and to file a claim. https://www.gov.mb.ca/labour/standards/
  • Settlement agencies in Manitoba support newcomers with employment rights, English language support, and referrals.
  • Community legal clinics can sometimes help directly or refer you on.