Yes. Foreign workers in Canada can be dismissed, but employers must follow the employment laws that apply to the job. A worker’s temporary status does not remove their workplace rights. Employers cannot lawfully dismiss or punish workers for exercising protected rights, reporting unsafe conditions, or raising certain employment complaints. For workers on employer-specific permits, losing a job can also affect their ability to keep working in Canada, so it is important to understand both the employment and immigration consequences.

This guide explains the employment protections available to temporary foreign workers, when a dismissal may be unlawful, what can happen to a work permit after job loss, and where workers can seek help.

Do Foreign Workers Have the Same Employment Rights as Canadians?

Foreign workers are generally covered by the employment standards laws that apply in the province or territory where they work. These laws can cover minimum wage, overtime, vacation pay, public holidays, hours of work, and other basic workplace standards. Human rights laws may also protect workers from discrimination.

Federal guidance states that temporary foreign workers have workplace rights and protections, regardless of their citizenship or immigration status. An employment agreement cannot normally waive minimum rights provided by applicable law.

Employers hiring through the Temporary Foreign Worker Program may also have program-specific obligations. Depending on the stream and the terms of the approved application, these can include providing the worker with an employment agreement, paying the agreed wage, and protecting workers from abuse.

Can an Employer Legally Fire a Temporary Foreign Worker?

An employer may dismiss a temporary foreign worker for a lawful reason, such as a genuine reduction in work, restructuring, or serious misconduct. Poor performance may also lead to dismissal, although the circumstances and the process followed can matter. The employer must still comply with the applicable employment standards, human rights, and other legal requirements.

The consequences can be different for a worker on an employer-specific work permit. The permit generally authorizes work for the employer and under the conditions stated on the permit. If that job ends, the worker may need authorization before starting work for another employer. Losing a job does not, by itself, mean the worker must leave Canada immediately

When Can Firing a Foreign Worker Be Unlawful?

A dismissal may be unlawful if it breaches employment standards or human rights law, or if it is retaliation for exercising a protected right. Under the Temporary Foreign Worker Program, employers are prohibited from taking reprisals against workers for certain protected actions. Depending on the circumstances, these may include:

• Reporting unsafe working conditions or refusing work they reasonably believe poses a danger.
• Making a complaint to Service Canada or a provincial or territorial employment standards authority.
• Cooperating with a government inspector during a compliance review.
• Joining a union or participating in lawful union activity.
• Filing a workers’ compensation claim.
• Experiencing pregnancy-related discrimination or refusing improper pressure related to a pregnancy.
• Raising concerns about work that falls outside the agreed or legally permitted conditions.

Whether a particular dismissal amounts to a prohibited reprisal depends on the facts and the law that applies. Workers who believe they were dismissed for raising a protected concern can contact the relevant federal or provincial authority to ask about the complaint process.

Notice, Termination Pay and Severance

Depending on the jurisdiction and circumstances, an employer may have to provide advance notice of termination or pay instead of notice. Exceptions and eligibility requirements vary. The amount may depend on factors such as length of service and the applicable employment standards legislation, rather than the worker’s immigration status.

Some workers may also qualify for severance pay under provincial or territorial law, particularly in certain mass-termination or long-service situations. A worker who receives a termination letter should review it alongside their employment agreement and the rules that apply where they work. Employment standards minimums may not resolve every potential claim, so legal advice may be useful in more complicated cases.

What Happens to Your Work Permit If You Lose Your Job?

Losing a job does not automatically cancel every work permit or require a worker to leave Canada immediately. However, an employer-specific permit generally does not authorize the worker to start a job with a different employer. The next steps depend on the person’s permit, status, and circumstances.

• Check the expiry date and conditions on your current permit, as well as any other immigration status you may hold.
• If you have an employer-specific permit, do not start work for a new employer unless you have the authorization required to do so.
• If you may qualify for Employment Insurance, check the eligibility rules and apply promptly. Eligibility depends on the circumstances and program requirements.
• If you experienced abuse or are at risk of abuse, check whether you qualify for an open work permit for vulnerable workers.

Working without the required authorization can create immigration problems. Before accepting a new job, confirm what permission is needed and whether you must apply for a new work permit or another form of authorization.

Understanding Canada’s Temporary Foreign Worker Program

Canada’s Temporary Foreign Worker Program (TFWP) allows employers to hire foreign nationals when the program’s requirements are met, including, in many cases, showing that qualified Canadian citizens or permanent residents are not available for the position. It is separate from the International Mobility Program, which covers certain work permits that are exempt from the Labour Market Impact Assessment (LMIA) requirement.

Where an LMIA is required, it relates to a particular job and sets out key details such as the occupation, wage, and working conditions. Employers must comply with the applicable program requirements and employment laws. Changes to pay, duties, or other conditions may raise compliance issues, depending on the terms of the approval and the circumstances.

LMIA Rules: What Employers and Workers Should Check

LMIA and Temporary Foreign Worker Program requirements have changed in recent years, and the rules can differ by wage stream, region, occupation, and exemption. Caps on the share of a workforce made up of temporary foreign workers, processing restrictions in certain regions, wage thresholds, and recruitment requirements may affect whether an employer can obtain or renew an LMIA.

Because these measures change and may include exceptions, workers and employers should check the current federal requirements before relying on a specific threshold, date, or rule. Changes to the LMIA process do not remove the employment rights that apply to a worker once hired. They may, however, affect an employer’s ability to hire or retain workers through the program.

Open Work Permits for Vulnerable Workers

A temporary foreign worker who is experiencing abuse, or who is at risk of abuse in connection with their job, may be eligible to apply for an open work permit for vulnerable workers. This permit is intended to help eligible workers leave an abusive employment situation without remaining tied to the employer named on an employer-specific permit.

Eligibility and application requirements apply. Workers facing abuse or threats should review the current Immigration, Refugees and Citizenship Canada guidance and consider getting advice from a qualified immigration professional or a worker-support organization.

What to Do If You Think You Were Fired Unfairly

If you believe your dismissal was unfair, retaliatory, or accompanied by unpaid wages, keep records and check your options promptly. Useful steps may include:

• Ask for written confirmation of the termination and keep your employment agreement, pay records, schedules, and relevant messages.
• Keep a copy of your job offer and any LMIA-related documents available to you.
• Contact the employment standards authority for your province or territory to ask about notice, termination pay, severance, or unpaid wages.
• Check whether you qualify for Employment Insurance after losing your job.
• Before starting work for another employer, confirm whether your immigration authorization permits it.
• If abuse, threats, or unsafe conditions were involved, ask about reporting options and eligibility for an open work permit for vulnerable workers.

The right process depends on where you work and the type of permit you hold. For complex employment or immigration questions, consider speaking with a lawyer or a qualified immigration professional.

How to Report Abuse or a Rights Violation

Workers covered by the Temporary Foreign Worker Program can report abuse or program-related concerns through the federal government’s reporting channels, including the Service Canada tip line at 1-866-602-9448. Check the official Government of Canada website for current reporting options, confidentiality information, language support, and instructions. A worker-support organization, union representative, or consulate may also be able to help a worker understand the available options.

For details about program protections and complaint procedures, consult the Government of Canada’s official Temporary Foreign Worker Program resources and the employment standards authority for the province or territory where the work takes place.

Final Thoughts

Foreign workers in Canada can be dismissed, but employers must follow the laws and program requirements that apply. A worker may have options if the dismissal involved retaliation, discrimination, unpaid wages, or a failure to provide required notice or pay. For workers on employer-specific permits, job loss can also affect the ability to work for a new employer, so employment and immigration questions should be considered together.

If you have lost your job or believe your rights were violated, keep your documents, check the rules that apply to your workplace, and seek advice early. Acting promptly can help you understand your employment options and avoid problems with your immigration status.

Last updated on: October 22, 2026