High recruitment fees, unpaid hours and travelling from one workplace to another are just some of the abuses Sory Soumahoro has suffered since arriving from Ivory Coast on February 26, 2023. Fortunately, now that he has obtained his open work permit for vulnerable workers, this nightmare is behind him.
Text and photo Marie-Anne Dayé / Translation in English SIARI
On this sunny October Friday, Sory is relaxed and smiling. In his room, which he has been renting for the past few months in Plessisville, he recalls how his project became a disillusion in just a few days, as soon as he arrived in Quebec.
Deceptive pre-departure
With a dream of coming to Quebec to ensure a brighter future for his four children and his wife, Sory made the decision to take action. He saved the money required by the recruitment agency in his homeland, Ivory Coast- CAN$17,000 – to come to Quebec as a low-wage temporary foreign worker, plus the money needed to pay for his plane ticket. Not yet knowing his rights in Quebec, he paid the full amount.
Under the Temporary Foreign Worker Program (TFWP), the recruiter is responsible for all fees and costs associated with the recruitment process. He must not recover these recruitment fees from the TFW, and must ensure that those recruiting on its behalf do not collect or recover these fees from the worker in any way. When the worker is hired under the low-wage stream, the employer must also cover the cost of round-trip travel for TFWs to enable them to travel to their place of work in Canada. It implies the beginning of their employment period and the return to their country of residence.
A bitter welcome
After a 14-hour flight, jet lag and fatigue, Sory finally sets foot in Quebec. His employer drives him to Victoriaville. It is 11pm. The next morning, at 6am, Sory was woken up to start work. “I wanted to rest a bit. He told me no, you came to work, you have to work,” Sory recounts. On his work permit, it says that the workplace is a senior’s residence in Saint-Marc-des-Carrières. However, on that first day, he was taken to Plessisville to work for a different employer than the one on his contract. After three days, he was taken to Victoriaville again, for a different employer.
"Some EIMTs provide for more than one place of work, for the same employer. In Sory's case, both the EIMT and the work permit stipulated only one place of work, in conformity with the employment contract that was signed by the two sides.
Despite this fact, not only was the worker forced to work in different facilities, but he was ordered to pack up and change his place of work and accommodation with only a few hours' notice," explains Caroline Dufour, an immigration lawyer with Justice Pro Bono, who helped Sory obtain an open work permit for vulnerable workers (VWOWP).
Sory was asked to do snow-clearing work, even though this had nothing to do with the tasks specified in his employment contract, i.e. household cleaning. What’s more, the employer gave Sory no instructions on what winter clothing to wear, especially for long periods in inclement weather, nor did he allow enough time to get his own. He therefore works in the snow, wearing the clothes he brought with him from his home country. “At the time, I had no insurance or anything. I started getting sick. I’d brought some medicine with me from my country, and I started taking it,” says Sory. During the first week, they did not help him get a SIM card for his phone, either. He is not able to give any updates to his family and friends in Ivory Coast.
According to the requirements of the Temporary Foreign Worker Program (TFWP), TFWs who were hired after obtaining a positive LMIA must perform only the duties that correspond to their position and for which they were hired.
Tough conditions
Several weeks were spent in these conditions, moving from one workplace to another. Sory was housed and catered in the residences where he worked: he had access to a single room with a mattress, and ate the meal offered once the residents had finished. Sometimes there was no food left for him. Without access to kitchen facilities or even a mini-refrigerator in his room, Sory couldn’t buy food to prepare his own meal in these circumstances. He often had to rely on snacks. Yet his employer deducted CAN$ 800 from his pay every month for accommodation and meals, which he didn’t always have access to. “Sometimes I’d finish work and have nothing to eat. My employer reduces my salary from my salary. I’d even go out and buy a few cookies at the supermarket,” recalls Sory. “The employer’s deductions from Sory’s salary for accommodation and meals far exceed what is provided for in the PTET and Labour Standards Regulation Under section 6 of the Regulation, the employer should have deducted approximately CAN$ 280 per month,” says Caroline Dufour, lawyer with Justice Pro Bono.
Another irregularity is that not all the hours he worked at CAN$15, while his contract stipulated CAN$16, were paid. Sory also reported that his employer referred him to subcontractors, who offered to pay him in cash, which Sory categorically refused. As time went on, his working hours were reduced, leaving him with almost nothing after the C$800 deducted from his pay. On the recommendation of a friend, he started taking photos of his pay slips and keeping track of his hours to gather evidence. What’s my wife going to eat?” wondered Sory. I have to work to send my children to school”.
Under the TFWP, Low-Wage Component (CAN$26 and under), the employer must provide the TFW with suitable, affordable housing or ensure that such housing is available to the TFW.
Suitable housing: does not require major repairs, in the opinion of residents.
Affordable housing: costs less than 30% of the TFW's pre-tax income. Housing costs include rent, electricity, fuel, water and other municipal services.
In Quebec, employers offering housing to TFWs must refer to Section 6 of the Regulation respecting labour standards to know the amounts that can be deducted from the worker's income.
Exhausted by this situation, Sory wanted to rent his own apartment. “At first, when I wanted to get my own apartment, my employer told me: you can look, but it’s not easy,” he says. A fellow Quebecer helped him; they were able to find a 3 1/2-bedroom apartment for $450 CAD a month. I was happy,” he says. I then went to see my employer and he said no, I can’t have my apartment. I have to do 800 hours of work before I can have my own apartment.” Under the PTET – Low-wage position program, an employer cannot prevent a worker from finding a new apartment.
Looking forward to better days
“I chose to immigrate to Quebec for my children, because Africa isn’t always a stable place. It can be good for me. Could it be good for my children? You never know. There are often wars and political problems. I thought: what if I moved to Canada for my children’s future. That is what brought me here. I didn’t know I was going to have such a hard time here,” says Sory.
On a June day of 2023, Sory approached a training center in Plessisville to start studying. At that time, temporary foreign workers couldn’t study in programs of more than 6 months while working without applying for a study permit. However, since June 27, 2023, this has been possible. He was also not allowed to change his job, as his closed work permit was restricted to his employer. However, after hearing about Sory’s experience in Quebec, the receptionist put him in touch with the Impact Emploi de l’Érable organization, which supported him.
Then, in collaboration with Immigrant Québec and Justice Pro Bono, he was able to receive emergency assistance to meet his basic needs, as well as legal support from lawyer Caroline Dufour to apply for an open work permit for vulnerable workers. “I didn’t know I was going to live a miserable life here. Everything in the contract has not been honored,” says Sory.
“The psychological and financial impact of this type of situation is enormous, especially when the worker invests large sums of money and leaves his family behind to take the opportunity to come and work in Canada. When the worker sees his rights breached once in Canada, all hopes of a better life are dashed,” saddens lawyer Caroline Dufour, who is often called in by workers in similar situations.
Sory has remained at his job, waiting for that long-awaited open permit. “I was so tired that I wanted to stop working. I even wanted to go back home. I was really overwhelmed.” Shortly afterwards, the subcontractors who had used his services told him he had to leave, which he did. The phone calls to his employer that he and the Impact Emploi de l’Érable worker made remained unanswered.
“Like a fish in water”
At the end of August, Sory finally received his open work permit for vulnerable workers. I was like a fish in water,” laughs Sory. I was very happy. I told myself that the doors were now open, and that I could look for a job. I will not be mistreated as my former employer was. He was able to find a new job as a mechanic, his field of expertise and started a new, happier chapter. He remains hopeful of bringing his wife and children to Quebec to settle permanently.
Are you a temporary foreign worker with a closed permit seeking legal information or support? Contact the Justice Pro Bono team.
This project is funded by the Government of Canada.
