Wage Abuses of Foreign Workers
Foreign workers are often particularly vulnerable to wage abuses. Language barriers, low wages, restricted work options, and limited knowledge of employment rights are among the factors that contribute to the high risk of exploitation in the workforce.
Many foreign workers also hope to build a better life in Canada for themselves and their families. Employment is often the first step to achieving this goal. This means many workers are vulnerable to paying illegal fees to a recruiter or employer for a job, and foreign workers may choose not to report unpaid wages or illegal fees for fear of jeopardizing their chances. Unscrupulous people who recruit or employ foreign workers sometimes take advantage of this knowledge as a way to illegally profit.
Manitoba’s Worker Recruitment and Protection Act (WRAPA) helps protect foreign workers from illegal and unethical recruitment and employment practices. WRAPA requires Manitoba employers to register with the province prior to undertaking any foreign worker recruitment activities, and screens employers for compliance with wage rules and standards before registration is approved. It also requires that only recruiters who are licensed by the province can assist employers in the recruitment process.
While this legislation has made significant advances, there are still instances where foreign workers are being made to pay for their jobs .
The following cases are based on actual investigations conducted by Employment Standards:
- Employment Standards investigated a business that advertised foreign worker recruitment services for Manitoba employers. The investigation found the business attempted to secure clients who want to employ foreign workers by offering to illegally offset the costs of recruitment onto the worker. Employment Standards did not find evidence that the business had been successful in securing clients in this way, but ordered the business to cease this practice.
- A restaurant employer admitted to reducing the wages of a foreign worker by $3.00 less than the rate of pay established in their agreement with the federal government. Our investigation determined the worker was owed approximately $6,000 in unpaid wages, which the employer voluntarily paid. Employment Standards is continuing this investigation to determine if other employees were affected by this illegal practice.
- A foreign worker employed by a trucking business was asked by the employer to find other foreign workers to hire. Our investigation confirmed that this employee charged four other foreign workers fees equivalent to approximately $3,300 Canadian each for their jobs. Under WRAPA, the employer is liable for these costs and voluntarily paid these fees back to the workers. The employer also terminated their employment relationship with the foreign worker who recruited them.
