For Emilio (not his real name, to protect his identity), the last few years have been a time of great anguish. After a series of events marked by abuse at the hands of an employer, imprisonment in the United States, deportation from Canada and extortion in Guatemala, he has only one wish: for his life to return to normal.
Text: Marie-Anne Dayé / Photo by Gadiel Lazcano sur Unsplash
His first work experience in Quebec dates back to 2010. He held two jobs: three and a half months in a tree plantation and three and a half months in a strawberry farm, for a total of seven months a year. A physically demanding job, requiring him to be on his feet for long hours at a time. At first, he missed his family back in Guatemala. However, he resolved to return the following year and redouble his efforts. “I felt happy because before I went there, I had nothing. I was living with my mother, in a small room with my wife, so I wanted to move on, I wanted to be somebody,” he says. Having grown up without a father and with only a primary education in his pocket, he wanted to give his children what he hadn’t been lucky enough to have. After six years of moving back and forth to Quebec, he was finally able to build a home for himself and his family.
From 2015 onwards, he worked at just one location each season, strawberry production. But after seven years, his knees were starting to ache. That’s when a friend told him about the dairy farm where he was working, and where the boss wanted to hire another worker. The salary was more attractive. Emilio immediately saw an opportunity to provide even more for his family. So he took the necessary steps to obtain a new work permit, associated with his new employer, which he subsequently obtained.
When one problem follows another
Right from the start of his new job, Emilio knew that something wasn’t quite right. Already, he had no experience of dairy farming, but was motivated to learn. He didn’t understand all the instructions he was given because he didn’t speak French well. His employer started shouting at him for not having a good grasp of the tasks at hand. Émilio had never experienced intimidation with his previous employers.
He was forced to work several days in a row without rest. His passport was in his boss’s hands, and he would enter the house where Emilio was staying without warning, even preventing him from receiving visitors without his permission. At the time, Emilio was unaware of his rights in Quebec, or of the resources available to temporary foreign workers. After a year, he returned to the same employer, unable to find another job.
Knowing your rights is essential
As a temporary foreign worker, you have the same rights as Canadian workers. Consult the general information guide for temporary foreign workers to find out more.
- You are entitled to 32 consecutive hours of rest per week. For agricultural workers, leave can be deferred once, to the following week, only if you agree(p. 25).
- You have the right to work in a safe environment. Your employer must provide you with adequate training, instruction and supervision to perform your job and operate machinery and equipment safely. (p. 31)
- Your employer cannot confiscate your passport or other documents or personal property. (p. 12)
- Repeated hostile words or gestures that undermine your dignity or physical and emotional integrity, and make your work environment unhealthy, constitute harassment. You can report it. (p. 45)
- The owner of the dwelling where you live does not have the right to make a surprise visit, except in an emergency. You must be notified in advance. (p. 43)
“It got worse and worse, he shouted more, was more demanding of me, made me work excessive hours,” recounts Emilio. One day, when his only colleague was on vacation, he had to work 25 days in a row without a break. He’d had enough.
After yet another altercation with his boss, Emilio decided to leave. A friend suggested he join him at his home in Quebec City. During the car journey, he was stopped by the police. According to Emilio, his employer had alerted the officers to the possibility of his going to the United States, which Emilio denies. But as he had had a few beers before setting off, the police opened a criminal file.
Months went by and Emilio had to attend several hearings with the help of a lawyer. At the same time, he had to re-establish his situation, since his work permit had expired. Even so, he worked without a permit, putting himself in an illegal situation. A friend put him in touch with Samuele Seri and Fernand Ouellet from Accès Travail Portneuf, an organization funded under the Migrant Worker Support Program (PSTM), coordinated by Immigrant Québec. They supported him as he tried to regularize his immigration status. “Samuele helped me a lot, and so did RATTMAQ, which filed a complaint [against the employer].
PSTM-funded organizations are mandated to provide information and support to temporary foreign workers in Quebec. Whether it's for legal information or support, physical or psychological health care, translation or interpretation, services are offered free of charge throughout Quebec. See page 82 for more information.
Feeling desperate, still without a new work permit and seeing school and household costs in Guatemala rise, Emilio needed to find a solution quickly.
“My worst mistake”
Despite the warnings he received, he still made the decision to make the perilous crossing to the United States. “I think it was my worst mistake,” says Emilio.
He had hoped to get out of this impasse and continue earning money on the other side of the border, but the risk was enormous. U.S. immigration agents spotted him crossing and took him to federal prison. “A prison I don’t want to remember. They beat me up. There were the most criminal of criminals. I wasn’t a criminal, I made the mistake of crossing. He spent a month without being able to send news to his family in Guatemala, as he was forbidden to do so. “I couldn’t sleep, I couldn’t eat. I lost 8 kilos in a month”.
He was then transferred to the Laval Immigration Holding Centre, where he stayed for a month. He was finally sent back to Guatemala, with a one-year ban on obtaining a work permit in Canada.
Starting over in Guatemala
All in all, the 41-year-old is happy to be home safe and sound with his family in Guatemala. However, he needs to find work, and in this country, job opportunities are rarer and pay less, he explains. As if what he experienced wasn’t enough, he was extorted once he arrived home.
“At what point did I decide to go and work on the dairy farm without knowing what kind of employer I’d be dealing with? After that, everything went wrong. I never thought I’d go to the United States, because I was happy with my previous employer. Now I have to live with that reality,” Emilio laments. “What I want most is for my children to have a better future. I’d also like to be able to return to Canada to work and get back to normal.
If you think you may be a victim of abuse, consult the general information guide for temporary foreign workers in the section “When things go wrong” (p.44) to find out what steps to take. There are many resources available to help you.
This project was funded by the Government of Canada.
