Worker type: Care Workers

You can apply for Employment Insurance (EI) if you have worked enough hours and have a valid work permit and/or implied status. Receiving EI will not affect your ability to apply for permanent residency in the future. 

Sometimes migrant care workers are denied or told that we are not eligible for EI because of our work permit. This is not true. You are entitled to this benefit. All migrant workers deserve access to benefits and income supports regardless of immigration status.

You can apply for an Open Work Permit for Vulnerable Workers. This permit lets workers with closed or employer-specific work permits leave an abusive or potentially abusive work situation in order to find a new job in Canada.

1. What is considered abuse? 

Abuse can be any behaviour that scares, controls or isolates you. It can be physical, sexual, financial or mental. It can include physical harm, threats or insults, unwanted sexual comments or touching, controlling where you go or which people you see, or taking some or all of your money. 

2. How do I apply? Do I need a lawyer? How much does it cost? 

In order to apply, you need to share your story of what happened or is happening to you and include evidence of this abuse. You also need to fill out forms provided by the IRCC and submit them online with your story and evidence. You do not need a lawyer to apply, but some workers prefer to receive legal assistance. The cost to apply is free. 

3. What evidence can I present?

You must describe the abuse you went through in a letter. You can also include supporting materials like photos, witness statements, text messages or emails, support letters from organizations, etc. 

4. Will my employer get in trouble or be contacted by IRCC?

No, your employer will not be notified by IRCC that you applied for this permit. It is up to you if you want to notify them or not. 

5. Will this affect my permanent residency (PR) application? 

No, your PR application will not be negatively affected if you apply for this permit. 

6. Can I work with any employer with this permit? Do I still need an LMIA to work? 

If you are approved for this permit, you are now able to work for any employer in any profession without an LMIA. But if you want to apply for PR in the future, you may have to stay in care work to accumulate the required work hours under the Caregiver programs. 

7. How long is the permit valid and what happens after it expires?

This permit is only valid for up to 1 year and it cannot be renewed. If you do not have PR yet before the permit expires, you will have to find an employer to sponsor you again in order to maintain your temporary status. 

But this is not fair – our closed work permits give employers too much control over our lives and working conditions and this is what leads to abuse. We should be free to work wherever we want and leave bad jobs.  

8. Do I need to have a valid status to apply? 

Yes, you must have valid temporary resident status to be able to apply for this permit.

This is unfair to all those of us who are forced to leave abusive employers and end up losing our status. These partial solutions will not solve our problem – that we do not have equal rights when we don’t have permanent residency. This is why migrant care workers like you are organizing to full and permanent status for everyone.

1. How much notice should my employer give me before they terminate me? When am I entitled to termination pay?

Your employer can end your employment without notice if you’ve worked for less than 3 months.

After 3 months, they must give you notice in writing. If you do not get notice, you should get termination pay instead. The amount of notice or termination pay you get depends on how long you have worked for the employer, or what is stated on your contract (if you have one) if it is more than what the law guarantees. 

2. If I have been terminated, when should my employer give me my Record of Employment (ROE) and my T4?

Your employer should provide your ROE within 5 calendar days after you received your final wages. You do not need to wait for your ROE to apply for Employment Insurance (EI).

Your employer has until March 31 of each year to file your T4 and send a copy to you.

3. What should I do if my employer is forcing me to sign a resignation letter? 

You have the right not to sign anything. You can let your employer know that you want to review the letter first or talk to a lawyer before signing it. 

You cannot sign away your rights. Even if you are forced to sign a document, you can fight it later. Make sure you write down or keep copies (screenshots of texts, emails, etc.) of everything that happened when your employer forced you to sign something. Contact us for help. 

4. What should I do if my employer terminated me, but they said I “quit” on my ROE?

If you think it is safe, you can ask your employer to change the ROE. 

If you need your ROE to apply for Employment Insurance (EI), you can write an explanation of your situation and include it with your EI application. If you need the ROE for your PR, only the hours or months you worked are important – the reason for termination will not affect your PR application. 

5. Can my employer terminate me if I stand up for my rights?

It is against the law for your employer to terminate you, reduce your hours, or punish you in any way for asking questions about your rights. For example, this can include if you bring up issues about your pay or if you are working long hours without pay.  

If you are terminated for standing up for your rights, this is called a “reprisal,” and you can file a claim with the Ministry of Labour. Make sure to write down or keep copies (screenshots of texts, emails, etc.) of everything that happened when your employer terminated you.

6. What should I do if my employer terminates me and has not paid my full wages? 

Ask your employer in writing (email, text, on paper) to pay you your wages and how much they owe you. This can be used as proof if you need to file a Ministry of Labour claim. 

If your employer refuses to pay you your wages, you can file a Ministry of Labour claim or connect with other care workers like you to take action. Laws alone cannot protect us – workers need to take action together to have more power. Join us!