WORKER RIGHTS
This page is under construction. We will be adding a number of resources for TFWs and SAWP workers.
If you have questions or need help, please reach out to us at info@madhucentre.ca or call Migrant Workers Alliance for Change: 1 506 251-7467
As a worker in New Brunswick, you have the right to:
Wages paid in accordance with the conditions in the employment contract, in compliance with provincial employment standards.
A safe and abuse-free workplace
Refuse unsafe work
Look for other employment
Leave employer-provided accommodations for private accommodations
Join a labour union
WORKPLACE ABUSE
You have the right to a safe, abuse and harassment-free workplace. If you are experiencing workplace abuse, please contact the Madhu Centre.
The Canadian government does have a tip line that is supposed to be anonymous. However, in our experience, your identity is not necessarily protected, and the government may choose to do nothing about your report.
You may be eligible to apply for an Open Work Permit for Vulnerable Workers if you are being abused in your workplace. You may also be eligible if you are at risk of abuse. Click on the yellow box below to learn more. If you have questions or are interested in applying for this work permit, please contact us.
If you feel that you are experiencing abuse
If you need assistance with making a complaint about abuse
If you need assistance applying for Employment Insurance (E.I.) if you are dismissed from work
If you need assistance with applying for an open work permit or to extend your status in Canada
If you need assistance paying rent or the cost of food or transportation due to workplace abuse, unjust dismissal, or while you are looking for a new job in Canada. We can assist you in accessing services, including the Rent Bank, if you are eligible.
You can contact us over email info@madhucentre.ca or call Migrant Workers Alliance for Change: 1 506 251-7467
EXAMPLES OF WORKPLACE ABUSE
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Your employer cannot misrepresent employment opportunities to you (tell you there’s work when there isn’t, lie about the work that you will perform).
Your employer cannot reduce wages or change any other terms or conditions of employment undertaken in your recruitment.
CONTACT US if you have questions about your wages and working conditions.
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Your employer cannot:
- Require you to use and pay an immigration consultant
- Recover ineligible recruitment and transportation costs from you
- Charge housing expenses exceeding what is in your employment contract
- Charge for medical expenses, healthcare insurance, or worker’s insurance
Charging you or recuperating ineligible expenses is financial abuse.
CONTACT US if you have questions about expenses you are unsure about or if you need assistance reporting abuse.
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Your employer cannot:
- Misrepresent employment opportunities (tell you there’s work when there isn’t, lie about the work that you will perform).
- Supplying false information to you about employer and employee rights and responsibilities
CONTACT US if you have questions about your working conditions or your employment contract.
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You have the right to a harassment-free workplace, including freedom from emotional, mental, physical, sexual, and financial abuse.
Make sure to take note of the date and incidents of abuse you are experiencing, keep written records (emails/text messages) of your efforts to address the issues with your employer, and their responses and actions.
CONTACT US if you need assistance with making a complaint about abuse, or if you would like to learn more about the Open Work Permit for Vulnerable Workers.
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You have the right to a harassment-free workplace.
Your employer has the obligation to ensure that the workplace is safe, including being free of harassment and abuse. If you are experiencing abuse from people in your workplace, inform your supervisor. Make sure to take note of the date and incidents of abuse you are experiencing, keep written records (emails/text messages) of your efforts to address the issues with your employer, and their responses and actions.
If your employer fails to address the workplace issues, you may be eligible for an Open Work Permit for Vulnerable Workers.
CONTACT US if you need assistance making a complaint about abuse, or to learn more about the Open Work Permit for Vulnerable Workers.
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Your employer cannot take possession of your identity documents such as passport and work permit. If they do, this is abuse, and you may be eligible for an Open Work Permit for Vulnerable Workers.
CONTACT US if you need help or to learn more about the Open Work Permit for Vulnerable Workers.
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Your employer cannot deport you. If your employer threatens to deport you for any reason, this is abuse, and you should report this to the government.
Even if you are dismissed, you do not have to immediately leave Canada if your work permit is still valid.
CONTACT US if you need help or to learn more about the Open Work Permit for Vulnerable Workers.
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If you have been dismissed at work, it doesn’t mean that you must immediately leave Canada, provided that your work permit is still valid. However, you cannot work for a new employer until you receive a new work permit or an open work permit for vulnerable workers who have suffered abuse.
CONTACT US if:
- If you need assistance extending your status in Canada
- If you believe you have been abused and need assistance applying for an open work permit
- Need assistance applying for Employment Insurance
- Need emergency financial support with rent/food/transportation while you look for a new job in Canada
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Your employer has the obligation to provide suitable and safe housing. Make sure you note down/take photos of the hazards in your accommodations and keep records of your complaints to your employer. If they do not address your complaints in a timely manner, you may be eligible for an Open Work Permit for Vulnerable Workers.
You may also directly report housing issues to the government. Reports are anonymous and the government will not reveal the identity of persons making complaints.
You also have the right to live in private accommodations of your choice at your own expense, but that should be your choice, and not a result of your employer failing to provide suitable accommodations.
CONTACT US if you need help making a complaint or to learn more about the Open Work Permit for Vulnerable Workers.
WORKPLACE SAFETY AND INJURY
In New Brunswick, workers’ compensation is administered through a no-fault insurance system set up under the Workers’ Compensation Act.
Under the WC Act, all employers with three or more workers at any time during the year must register for mandatory coverage with WorkSafeNB. These workers may be full-time, part-time, casual workers or non-registered contractors, subcontractors or brokers.
An employer in the fishing industry must register for mandatory coverage when 25 or more workers are employed.
WorkSafeNB is responsible for complaints about safety in the workplace, as well as worker’s compensation in the case of workplace injury and loss wages.
WorkSafeNB can be reached at: 1-800-999-9775
If you have concerns about the safety and health implications of your workplace
If you need assistance with refusing unsafe work or filing a complaint with WorkSafeNB
If you are injured at work and need help making a claim to WorkSafeNB
If you need transportation to seek medical attention
If your worker’s compensation claim is denied and you need assistance requesting review or appeal
If you do not know whether your employer reported your injury or who paid for your surgery, or you have other questions and you do not feel comfortable asking someone at your workplace.
You can contact us over email info@madhucentre.ca or call Migrant Workers Alliance for Change: 1 506 251-7467
EXAMPLES OF WORKPLACE CONCERNS
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I am being asked to do work that feel unsafe or dangerous
You have the right to refuse unsafe or dangerous work. To refuse unsafe work:
1. Notify your supervisor about your concerns and refuse the unsafe work.
2. The supervisor must investigate the situation in your presence, and take appropriate action or recommend action to the employer.
3. If the matter has not been resolved to your satisfaction, refer it to the joint health and safety committee, who will investigate the situation.
4. If the matter is still not resolved to your satisfaction by the committee, or your workplace doesn’t have a committee, you can refer the matter to a government occupational health and safety officer by calling WorkSafeNB at 1-800-999-9775.
5. The officer will investigate and order remedial action. The written findings will be given to you, the employer, and the committee. If you are not satisfied with the direction of the officer, you may appeal the finding to the Chief Compliance Officer (CCO). The refusal can continue until a ruling is made by the CCO.
You cannot be discriminated against, threatened, or coerced for complying with the legislation, according to section 24 of the Workers’ Compensation Act.
You cannot be disciplined for complying with the legislation, and there are provisions in the law to protect you from reprisals.
No other worker should be assigned to do the work unless they have been informed of the work refusal and the reasons for the refusal.
If your employer or supervisor takes actions, makes remarks, or implies that you will be disciplined for refusing unsafe work, you may file a complaint with WorkSafeNB.
CONTACT US if you need assistance with refusing unsafe work or filing a complaint with WorkSafeNB.
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CONTACT US and we will try to arrange transportation for you to seek medical attention.
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When you are injured at work, your employer MUST:
· Provide first aid and maintain a logbook of treatment.
· Provide transportation if medical attention beyond first aid is needed.
· Immediately notify WorkSafeNB if the injury is serious.
· If the employee becomes injured or ill from the incident, requiring time away from work or medical treatment beyond first aid, the employer must complete the Employer Report of Injury or Illness at worksafenb.ca within 3 days of the incident.
You have a right to receive healthcare and treatment if you are injured at work. When you seek medical treatment, make sure you inform the healthcare provider that you are injured at work.
You cannot be dismissed or sent back to your home country against your will if you are injured at work.
You may be eligible for worker’s compensation for loss wages if you require time away from work. You should report your injury to WorkSafeNB within 3 days of the incident or 3 days that you received your diagnosis.
CONTACT US if you need help making a claim to WorkSafeNB.
My worker’s compensation claim is denied
If your claim is denied, you can request a review of the decision within 90 days. If the decision is still negative after the review, you can file an appeal with the Workers’ Compensation Appeals Tribunal (WCAT). Workers’ Advocate can help you file an appeal. Their services are free.
CONTACT US if you need assistance requesting a review or contacting Workers’ Advocate.
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If your claim is denied, you can request a review of the decision within 90 days. If the decision is still negative after the review, you can file an appeal with the Workers’ Compensation Appeals Tribunal (WCAT). Workers’ Advocate can help you file an appeal. Their services are free.
CONTACT US if you need assistance requesting a review or contacting Workers’ Advocate.
DISCRIMINATION IN YOUR WORKPLACE, HOUSING SITUATION, AND BEYOND
The New Brunswick Human Rights Commission says: “Discrimination is when someone treats you negatively because of your identity or [a] personal trait, like your race, national origin, or family status.”
The New Brunswick Human Rights Act “protects you from discrimination in 5 areas or activities of your life. These include employment, housing (ex. apartment or any other rental properties), services (ex. restaurants, schools, businesses, shops, government services, etc.), publicity (signs, advertisements, publications, etc.), and some associations.
The Act has 16 grounds of discrimination. These grounds represent your identity or personal characteristics (ex: race, colour, religion), which could make your more vulnerable to discrimination.
For Example, the Act protects you from discrimination:
when you rent an apartment (housing); when you go shopping or eat at a restaurant (services); when you go to school (services); when you apply or are interviewed for a job (employment); when you are part of a union (business or trade association).”
If you have experienced or are experiencing discrimination, you can file a complaint with the New Brunswick Human Rights Commission. They have produced a flyer about discrimination and how they can offer support, which is available in 8 languages. Visit https://www2.gnb.ca/content/gnb/en/departments/nbhrc/resources/resources-for-newcomers.html to read the flyer and learn more. (The quotes above are from the flyer.)
If you think you may have experienced or are experiencing discrimination
If you need assistance filing a complaint with the New Brunswick Human Rights Commission
You can contact us over email info@madhucentre.ca or call Migrant Workers Alliance for Change: 1 506 251-7467