You are allowed to change employers

Yes, you are allowed to change employers. Your employer cannot penalize or deport you for looking for
another job. However, your work permit may only allow you to work for your current employer. Before
accepting new employment, remember that your new employer will have to get permission from the
Government of Canada to hire you as a temporary foreign worker. You will also need to apply for a new work
permit before changing jobs. Workers under the Seasonal Agricultural Workers Program do not need to get a
new work permit if they change employers.

If you have concerns about your safety, or if you want to change employers because your employer is breaking
the terms of your contract or not following the law, call the Service Canada Confidential Tip Line at 1-866-602-
9448. You can leave an anonymous message to report your concerns. All calls are taken seriously and
investigated to help protect you and your rights.

If you lose your job

Your employer has to give you advance notice before firing you or laying you off from your job. This is to give
you time to look for a new job before being out of work. If they do not give you advance notice, they have to
pay you for the notice you should have been given (called termination pay). The number of days of advance
notice or the amount of termination pay you should get depends on the province or territory where you are
working and how long you have worked for that employer.
However, if your employer can prove that they have a good reason to fire you, they may not have to give you
notice or termination pay. For example, you could be fired without notice if you commit a crime such as theft or
fraud, or if you lied about your qualifications when you were hired.

If you believe your employer is not following the law, you have the right to complain to your provincial or
territorial labour standards office. If you are a member of a union, you may also want to get advice from your
union representative.

 Situations where the employer must report the termination

Employers that have nominated temporary foreign workers under the Provincial Nominee Program (“PNP”) are
generally required to report to the appropriate provincial PNP office about a change of employment status. A
change of employment status includes terminations, lay-offs and resignations. It is important for employers to
be aware that the termination of temporary foreign workers who have a pending permanent residence
application under the PNP may negatively affect their eligibility to become permanent residents, particularly in
situations where the PNP approval was contingent upon maintaining arranged employment in Canada.

In accordance with the TFWP rules, employers must report to ESDC any change in the employment status of
temporary foreign workers holding LMIA-based work permits.

The IMP rules do not require employers to report to ESDC or Immigration, Refugees and Citizenship Canada
(“IRCC”), formerly Citizenship and Immigration Canada, a change in the employment status of  temporary
foreign workers holding LMIA-exempt work permits, regardless of whether their work permits are open or
closed.

However, in all cases, if the employer has grounds to believe that the temporary foreign worker may attempt to
work in Canada illegally after a termination, lay-off or resignation, we recommend reporting the situation to
IRCC and the Canada Border Services Agency. 
Terminated temporary foreign workers are authorized to remain in Canada until their work permits expire

Temporary foreign workers are entitled to remain in Canada until their work permits expire. Although a
termination does not invalidate the holder’s work permit, terminated temporary foreign workers may face
complications if they decide to leave and re-enter Canada on the basis of their work permits.

How to Contact Employment and Social Development Canada (ESDC)

1-800-622-6232

During the COVID-19 crisis, the government has several support options that may be
available * please visit
https://www.canada.ca/en/employment-social-development/corporate/notices/
coronavirus.html for more information

Toll-Free: 1-800-622-6232 (1-800-O-Canada)

Teletype: 1-800-926-9105

Hours: Mon-Fri 8am-5pm

SEVERANCE PAY
When does an employee qualify for severance pay?
An employee who has completed at least 12 consecutive months of continuous employment qualifies for
severance pay.
How is severance pay calculated?
Severance pay is two days’ pay at the employee’s regular rate of wages for each full year of employment, with a
minimum of five days’ pay.
Are there any absences from employment that do not interrupt the continuity of employment?
Yes. Absences that do not interrupt the continuity of employment are lay-offs that are not a termination of
employment under the Code (see question 4) and absences permitted or condoned by the employer.
Is an employer required to provide severance pay in all circumstances?
An employer is required to pay severance pay in all circumstances except as follows:

a. when a lay-off does not result in a termination of employment;

b. when an employment contract contains an end date and the contract ends;
c. when an employee is dismissed for just cause; and
d. when an employee quits or terminates their own employment.