Worker supports
Workplace violence and workplace harassment
IAWs may face violence and harassment in any workplace and from any person in that workplace. There is a continuum of unwanted behaviours that can occur in a workplace that can range from offensive remarks to violence.
Employers must address any unwanted behaviours early to minimize the potential for workplace harassment and to avoid it leading to workplace violence. Employers, therefore, have specific duties with respect to workplace harassment and workplace violence under the OHSA.
Canada's Criminal Code deals with matters such as violent acts, sexual assault, threats and behaviours such as stalking. The police should be contacted in these situations. Harassment may also be a matter that falls under Ontario's Human Rights Code.
Learn about Code of Practice to Address Workplace Harassment and more on understanding the law on workplace violence and harassment.
Report workplace harassment or violence
If you, as the employer, learn that a worker is being harassed or exposed to violence at work, you have specific duties under the OHSA.
Harassment
If you become aware of harassment or alleged harassment involving a worker, you must investigate in a timely manner. A formal complaint is not required - the employer is obligated to act as soon as they become aware of the issue.
The investigation must be appropriate to the circumstances, which means it may range from simple to very complex, depending on the nature of the complaint. Investigations must be timely, fair and thorough.
The workplace harassment program must outline how:
- the incident or complaints of harassment are investigated
- confidentiality is maintained
- the investigation results will be shared with the affected worker and the alleged harasser (if they are employed at the same workplace)
The results of the investigation and any corrective action taken must be provided in writing to both parties.
The MLITSD has developed some resources for employers as part of the Code of Practice to Address Workplace Harassment including a sample workplace harassment program and an investigation template that may assist you in developing your program and in establishing the investigation process.
Violence
If a worker is exposed to workplace violence, you must respond promptly. If the threat is ongoing or poses immediate danger, contact 911 or the local police services immediately.
Employers are legally required to:
- investigate all reports of workplace violence in a timely manner
- maintain a workplace violence program that outlines how incidents will be investigated and addressed
- conduct a workplace violence risk assessment and reassess as needed, including after any incident occurs
Report mistreatment of IAWs
IAWs in Canada are protected under the same federal, provincial and territorial employment laws as Canadians and permanent residents.
Employers who mistreat workers or misuse the TFWP could face a penalty or be banned from the program.
The program has several measures in place to ensure that IAWs are protected from mistreatment. Employers are expected to uphold certain conditions and be aware of their responsibilities and obligations.
Report misuse of the program or mistreatment of IAWs.
Human trafficking
Human trafficking can include recruiting, harbouring or controlling a person's movements using force, coercion or deception. Learn about human trafficking, including how it can happen, who is at risk and warning signs.
If there is immediate danger or if you suspect someone is being trafficked, call 911 or your local police service.
If you or someone you know needs support, call the Canadian human trafficking hotline at
Labour trafficking
Labour trafficking is a form of human trafficking that involves recruiting, moving or holding victims to coerce them into doing any kind of work. This can include IAWs who are:
- deceived or coerced into a work contract
- exploited for their labour through unsafe work
- made to work excessive hours
- underpaid, not paid or forced to give most of their earnings to the trafficker
- kept in a precarious situation through debt bondage, violence and threats (including the loss of a work permit, losing immigration status or deportation)
- experiencing inconsistent increases to the cost of accommodations and goods
- given false promises of citizenship and payments for citizenship processing
- given no information on employer or place of employment
- prevented access to communication devices (phones, laptops), basic amenities and personal care items
- provided inappropriate medical interventions or experiencing a lack of medical treatment
If you or someone you know may be subject to labour trafficking, you can share tips and get help by contacting MLITSD’s Divisional Intelligence Unit at labourtrafficking@ontario.ca.
Workers leaving work without notice
There are instances where IAWs may leave their employment without notice to their employer. This is known as voluntary departure.
Employers should be aware of all workers within their company or on the farm, as it may not always be obvious which workers are IAWs. IAWs typically have SINs beginning with a “9”. Employers also must be aware of what type of work permit a worker is on, (open versus closed permits) as well as their obligations to their workers.
LMIA-based work permit
If the worker was on a work permit based on an LMIA, that work permit is employer-specific, which means that the IAW cannot work for any other employer in Canada other than the one specified on the work permit. An employer should notify Government of Canada's Processing centres that the worker is no longer employed with their company.
Non-LMIA-based work permit
If the work permit is not LMIA-based, an employer may still want to inform Immigration, Refugees and Citizenship Canada (IRCC) if the work permit was employer-specific and they are concerned the worker might try to work for another employer with their company's name on the permit.
Reporting a missing IAW
To report a missing IAW to Service Canada, employers should prepare an email that includes:
- LMIA number(s)
- employer name/business number
- name(s) of departed IAW(s)
- departure date
- physical work location
- details on how IAW(s) left
- any other relevant information
The email should be sent to the appropriate email address depending on where your LMIA was processed. In Ontario, the email address is ESDC.ON.TFWP-PTET.ON.EDSC@servicecanada.gc.ca.
Keep detailed records of all communication with the worker, including any attempts to contact them after their voluntary departure. If there is any ambiguity about the nature of the departure or the employer's obligations, it is best to consult with an immigration lawyer or employment lawyer.
Find a local consular office if you need more help.