Know Your Rights as a Worker
For closed work permit holders, live-in caregivers, and community members who are out-of-status
June 19, 2026
Kusina (Tagalog for “kitchen”) is a free community kitchen and legal advocacy clinic that pairs shared Filipino meals with free legal advocacy, settlement support clinics, and social support services. It acts as a trusted entry point to vital resources, while also creating space for peer mentorship, community connection, and knowledge-sharing.
The following resource is adapted from information presented during a past Kusina session and is accurate as of the above date.
Find out more about future Kusina events here.
Most workers in British Columbia, including temporary foreign workers and many workers without immigration status, are protected under the Employment Standards Act, WorkSafeBC regulations, and the BC Human Rights Code. This means they have a legal right to minimum wage, overtime pay, safe working conditions, and protection from discrimination and abuse, even if they are working without documentation.
Temporary foreign workers have the same minimum wage and employment standards protections as Canadian workers. Employers cannot pay a lower wage than required by law, even if a worker signed an agreement accepting lower pay.
Your employer must:
give you information about your rights
give you a signed copy of your employment agreement on or before the first day of work
pay you for your work as stated in your employment agreement
make reasonable efforts to provide you with a workplace free of abuse
follow provincial employment standards
get and pay for private health insurance that covers your emergency medical care until you're eligible for provincial health insurance coverage
make reasonable efforts to give you access to health care services if you're injured or become ill at the workplace
Your employer can’t:
force you to perform unsafe work or work that your employment agreement doesn’t authorize you to do
force you to work if you’re sick or injured
pressure or force you to work overtime not included in your employment agreement
punish you for reporting mistreatment, unsafe work, inadequate housing or for cooperating with an inspection by a government employee
take your passport or work permit away from you
deport you from Canada or change your immigration status
make you reimburse recruitment-related fees they may have paid to hire you
misrepresent the conditions or availability of a job.
Minimum wage
As of June 1, 2026, B.C. minimum wage has increased to $18.25/hr (previously $17.85/hr).
You can be paid more, but you can never be paid less.
Even if your wage on your current contract hasn’t been updated, you should be paid the current minimum wage as of the date you worked.
Some exceptions apply (farm workers, live-in home support workers, etc.)
Overtime pay
If you work more than 8 hours in a day, you must be paidtime and a half for every hour worked for the next 4 hours.
If you work more than 12 hours in a day, you must be paiddouble-time for every hour worked after 12 hours.
If you work more than 40 hours in a week, you must be paid time and a half after 40 hours. (Only the first 8 hours of each day worked are counted when calculating weekly overtime).
Some exceptions apply for written “averaging” agreements and those exempt from overtime (farm workers, management, etc.)
Wage statements
Employers must establish regular pay periods and pay employees at least twice per month.
Employers must provide employees with a wage statement with each pay cheque that states the gross and net pay, specific deductions, and the total hours worked (including overtime) during the pay period.
Unlawful deductions
Employers are required to make certain deductions from wages by law: income tax, Employment Insurance, and Canada Pension Plan.
Other deductions can only be made if the employee agrees in writing (room and board, money borrowed from the employer, etc.)
Employers generally cannot deduct business costs, recruitment fees, cash shortages, or damages from an employee's wages unless permitted by law.
Exceptions for legal professions charging fees for help with processing work permits.
Safety
You have the right to know about workplace hazards, refuse unsafe work, and participate in health and safety decisions.
Workers also must be provided with the necessary training, supervision, and personal protective equipment where required.
Employers cannot fire, penalize, or threaten you for expressing safety concerns or filing a complaint.
Protection from discrimination and abuse
Everyone in BC, regardless of immigration status, is protected from discrimination under the BC Human Rights Code, which makes it illegal for employers to treat workers differently based on protected characteristics like race, place of origin, or skin colour.
Employers must make reasonable efforts to provide a workplace free from abuse. Employers are also prohibited from retaliating against workers for reporting workplace concerns, exercising their legal rights, or participating in inspections or investigations.
Examples of abuse include:
physical harm, threats, and insults
forcing you to work in a way that’s unsafe or risky to your health
unwanted sexual touching
controlling where you can go or who you can see
stealing
taking any or all of the money you’re owed
taking and refusing to return your passport, work permit or other identification
forcing you to commit fraud
firing, threatening or disciplining for complaining about working conditions
If you think you're being abused or at risk of being abused, you may be eligible to apply for an open work permit for vulnerable workers.
BC’s Temporary Foreign Worker Protection Act
Establishes specific protections for migrant workers.
Employers and recruiters are obligated to provide foreign workers with written documentation outlining their employment terms, wages, and legal rights in a language they understand.
Recruiters and employers are legally prohibited from directly or indirectly charging foreign nationals any fees or expenses for securing employment.
Employers and recruiters cannot confiscate or hold a worker's passport, work permit, or other official identification documents.
Workers have the right to make a complaint or participate in investigations without fear of unjust deportation, threats, wage reductions, or termination.
Employers cannot reduce a worker’s wages or benefits in order to offset the costs of recruiting them.
What to do if you believe your rights have been violated
File a Complaint
Limitation periods can change and exceptions may apply. Consider seeking legal advice as soon as possible.
Employment Standards Branch: within six months of incident
Temporary Foreign Worker Protection Act: within two years of incident
BC Human Rights Tribunal: within one year of incident
To report an abusive situation, contact the Service Canada confidential tip line at 1-866-602-9448
To report a workplace injury or unsafe conditions, call WorkSafeBC’s Prevention Information Line anonymously at 1-888-621-7233
Access Resources
Migrant Workers Centre provides free (pro bono) legal advocacy support to migrant workers in British Columbia.
MOSAIC offers a variety of services and can connect you with support organizations near you.
DIVERSEcity Community Resources Society provides free Newcomer Settlement Services to help connect workers with employment programs, job search help, English languages services, children & family programs, youth programs, mental health, counselling, and more.
Additional Reading
Migrant Workers Centre: Know Your Rights
WorkSafeBC: Workplace safety for newcomers — Know your rights from day one
Worker Solidarity Network: Know Your Rights
Disclaimer: This resource provides general legal information only and is not legal advice. Laws and policies may change. If you need advice about your specific situation, contact a legal advocate, lawyer, or community legal clinic.
