Foreign Workers and Strike Situations

Last Updated on June 11, 2016

In this article, you will find:

• Information on when foreign workers can be hired as strikebreakers
• Information on the courses of action a legally employed foreign worker may take when faced with a strike situation.

Generally, temporary foreign workers cannot legally be hired as strikebreakers.

The only exception to this rule is that foreign workers may be issued work permits to work as strikebreakers when almost all of the striking employees in a given workplace are NOT Canadian permanent residents or citizens. This exception only applies as long as the issuance of the work permits does not contravene any existing Canadian provincial or territorial laws.

Once employed under a work permit, foreign workers are allowed to participate in a legally authorized strike. A foreign worker’s work permit will generally not be revoked if he/she participates in such a strike.

When faced with a strike situation, foreign workers may take one of the following courses of action:

• Wait out the strike with minimal strike pay (like others in the same situation).
• Return to their country of origin. If the foreign worker decides to return home, he/she will be allowed to re-enter Canada as long as his/her work permit is still valid.
• Find another job. If a foreign worker decides to take another job, he/she will have to apply for a new work permit and the new employer will have to apply for a new LMIA on behalf of the worker, if required. (Jobs That Are Exempt from the LMIA Requirement)

Interested employers: Kindly contact us here to receive further information.

Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.