Your status doesn't cancel your rights at work.
Minimum wage, overtime, vacation pay, and a safe workplace apply to every worker in Ontario — on a work permit or with no status at all. And your employer can't take your passport. Here's what you're owed.
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In 30 seconds, here's what's true
- Ontario's employment laws protect all workers regardless of immigration status — including undocumented workers. Minimum wage, overtime, public holidays, and vacation pay apply to you.
- You can file a claim for unpaid wages with the Ministry of Labour without being a citizen or permanent resident. Your status doesn't block your right to be paid.
- Your employer cannot take or hold your passport or work permit. They also can't charge you a fee to get or keep your job.
- You have the right to refuse unsafe work, and your employer can't punish you for asking about or using your rights.
- If you're on an employer-specific permit and facing abuse, you may qualify for an open work permit for vulnerable workers — it's free to apply and you don't need your employer's permission.
How the process works
Know that the law covers you
Ontario's employment standards and health-and-safety laws apply to every worker, whatever your status. Minimum wage, overtime, and a safe workplace are your rights, not favours.
Keep your own records
Track your hours, pay, and any messages with your employer. Your own notes matter if you ever need to prove what you worked and what you were paid.
Hold onto your own documents
Your employer can't keep your passport or work permit, or charge you a fee for your job. If they've taken your documents, that's against the law.
Get help for unpaid wages or unsafe work
You can file an unpaid-wages claim with the Ministry of Labour regardless of status, and refuse unsafe work without being punished. Workers' centres can help confidentially.
Look into a vulnerable-worker permit if you're being abused
If you're trapped with an abusive employer on a closed permit, a free open work permit may be available. Start a free PLAIN session and we'll point you to help.
What to do next
- Know your rights apply regardless of immigration status.
- Track your hours, pay, and messages with your employer.
- Keep your passport and work permit in your own hands.
- Don't pay any fee to get or keep your job.
- You can refuse unsafe work without punishment.
- File unpaid-wage claims with the Ministry of Labour — no status needed.
- If abused on a closed permit, look into a vulnerable-worker permit.
- Start a free PLAIN session to find confidential help.
Common myths
| Myth | Reality |
|---|---|
| Undocumented workers have no rights. | False. Ontario's employment and safety laws protect all workers, including undocumented ones. You're owed minimum wage, overtime, and a safe workplace. |
| I can be paid less than minimum wage on a work permit. | No. Minimum wage applies to you the same as anyone else, whatever your permit or status. |
| My employer can keep my passport. | They can't. Holding your passport or work permit is against the law in Ontario. |
| I can be fired for refusing unsafe work. | No. You have the right to refuse unsafe work, and punishing you for it is illegal. |
| I have to pay my employer a fee to keep my job. | No. Charging you a fee to get or keep your job is prohibited. |
| I can't complain to the Ministry of Labour without status. | You can. You don't need to be a citizen or permanent resident to file a claim for unpaid wages. |
| Only citizens and permanent residents are protected by employment law. | Everyone working in Ontario is protected, regardless of status — including people on permits and without status. |
| If my employer is abusive, I just have to stay on my permit. | You may qualify for a free open work permit for vulnerable workers, which lets you leave an abusive employer without losing your ability to work. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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