The employer's obligations to temporary foreign workers

Temporary foreign workers have the same rights and obligations regarding work as all Québec workers.

Employers also have the same rights and obligations to foreign workers as to the other members of their personnel.

List of companies’ general obligations

A company that wishes to hire a temporary foreign worker must honour these obligations in particular:

Contract of employment

The employer must complete and sign a contract of employment with the worker and send it to the worker.

Enter into an employment contract

The employer must fill out and sign an employment contract with the worker and provide a copy to the worker. The written employment contract must contain at least the following elements:

• its duration;
• each of the conditions included in the offer of employment that received a positive assessment of its impact on Quebec’s labour market;
• the deadlines for notice of termination and resignation;
• the health and hospitalization insurance plan offered;
• a commitment by the employer to pay the premiums required for the temporary foreign worker to be covered under the Act respecting industrial accidents and occupational diseases to the extent provided by the Act.

If the contract is terminated, the employer must give written notice to terminate the contract that binds it to the worker. The employer must also inform the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) and Employment and Social Development Canada (ESDC) in writing.

Obtain the necessary authorizations

The employer must obtain the authorizations to hire a temporary foreign worker, if applicable. It must first submit a Labour Market Impact Assessment (LMIA) application, along with all supporting documentation, and pay the required fees. Note that an employer is prohibited from making a temporary foreign worker pay for an LMIA or compliance with it. Such expenses, as well as expenses related to recruitment, are to be covered entirely by the employer. 

Ensure the worker obtains the necessary authorizations

When the employer obtains a positive LMIA, it must then ensure that the worker holds a Quebec Certificate of Acceptance (QAC) and a work permit authorizing the worker to work for it, if applicable.

Declare the hiring

The employer must declare the hiring of temporary foreign workers to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).

Honour their obligations to temporary foreign workers

The employer must honour their obligations relating to: 

• the work specified in the offer of employment and reflected in the decision regarding the Labour Market Impact Assessment (LMIA)
• payment of the wages declared in the different documents required for the application
• the number of hours of work
• the tasks identified in the LMIA and
• the specific obligations related to the stream of the Temporary Foreign Worker Program

Compliance with the legislation

The employer must comply with the provincial, territorial or federal legislation in matters of employment.

The employer must help the temporary foreign worker obtain their official documents and identification. This help includes obtaining a social insurance number (SIN), a health insurance card from the Régie de l’assurance maladie du Québec (RAMQ) or an attestation of medical assessment.

Declare any change in working conditions

The employer must report any significant change to the job offer or employment contract to the Government of Quebec and the Government of Canada within 30 days of the date of the change. It will also need to check whether a new LMIA is required.

Penalties for non-compliance

Employers who fail to meet these obligations will be subject to non-compliance penalties.

As a temporary foreign worker, you can file a complaint with Employment and Social Development Canada (ESDC) and the Commission des normes, de l'équité, de la santé et de la sécurité du travail.

To find out more, consult the Act respecting labour standards.