Can immigrants claim compensation for overtime work?

The right to overtime pay is one of the fundamental aspects of Canadian labour law, which protects all workers regardless of their immigration status. In Alberta, including Calgary, immigrants have the same employment rights as Canadian citizens and permanent residents, including the right to fair compensation for overtime work. Understanding these rights and how to protect them is critical to ensuring fair treatment in the workplace.

Legislation governing overtime

The Alberta Employment Standards Code sets out clear rules regarding overtime and compensation:

  • Overtime is defined as hours worked in excess of 8 hours per day or 44 hours per week (whichever is greater).
  • For each hour of overtime, the employer must pay at least 1.5 times the regular hourly rate.

This rule applies to everyone: hourly, salaried, temporary, permanent, student, and casual workers. Immigration status does not affect the right to compensation — the laws protect all workers equally.

Legal status of immigrants in labor relations

All federal and provincial labor laws in Canada apply to every worker, regardless of immigration status:

  • Temporary foreign workers (TFW), permanent residents, refugees, students, even those with irregular status — are entitled to minimum wage, overtime, vacation, safe working conditions, and protection from discrimination.
  • Employers cannot require overtime unless it is specified in the contract.

Special features for different categories of immigrants

Temporary foreign workers

  • Have the same overtime rights as other workers.
  • The base rate for calculation does not include tips, commissions, bonuses, etc.
  • Salaries must be no lower than the higher of the two: the regional median according to Job Bank or the actual salary for similar positions in the company.
  • Calgary Catholic Immigration Society helps you understand the details and protect your rights.

International students

  • Are entitled to overtime compensation within the permitted hours (up to 24 per week during the semester).
  • Hourly limits on student permits cannot be exceeded (violations may result in loss of status).
  • All hours over 8 hours/day or 44 hours/week are paid as overtime.

Permanent residents and refugees

  • Full range of employment rights — no restrictions on hours or employers.
  • Protected by law on an equal basis with Canadian citizens.

Calculation of overtime compensation

  • Minimum — 1.5x the regular rate.
  • If the regular rate is $25/hour, overtime will be $37.50/hour.
  • For employees with a salary: the annual amount is divided by the number of working hours/year, and overtime is paid at a rate of 1.5.
  • If you are on commission or piecework pay, it is calculated from the minimum wage (with additional payment if you earned less than the minimum).

Exceptions to the rules

Not all categories are entitled to overtime compensation:

  • Managers, supervisory staff — if this is their main job.
  • Certain professions (agronomists, engineers, doctors, lawyers, IT specialists, etc.).
  • Many agricultural workers (but protections are strengthened by the Enhanced Protection for Farm and Ranch Workers Act).
  • Car, agricultural equipment, and real estate salespeople — in certain cases.

Protection from discrimination

  • The Alberta Human Rights Act prohibits discrimination based on race, country of origin, language, accent, age, gender, etc.
  • An employer cannot deny you a job or overtime solely because of your immigration status.
  • The Alberta Human Rights Commission is the body that oversees practices, receives complaints, and conducts hearings.

Challenges for immigrants

  • Language barriers or fear of losing your job can prevent you from standing up for your rights.
  • Dependence on your employer due to your visa status does not give them the right to force you to work overtime without compensation, manipulate your status, etc.
  • Illegal classification as a “contractor” without employment rights — appeal through Employment Standards.

Where to go if you have a problem?

  • Alberta Employment Standards — a government agency that handles complaints about labor law violations, with a special unit for immigrants.
  • Workers' Resource Centre (Calgary, 999 8 Street SW, tel. 403-264-8100 or 1-844-435-7972) — advice, help with filling out forms, communication with employers, escort to hearings, multilingual support.
  • Calgary Catholic Immigration Society (CCIS) — assistance for TIPs, legal advice, support with complaints.

Practical tips for immigrants

  • Keep records of hours, breaks, shifts, and payments (this is your main source of evidence).
  • Read your contract — overtime should be specified. If you are a TIP, you should receive a signed copy before your first day of work.
  • Don't be afraid to ask for help — specialized organizations will support you.
  • Know your language rights — discrimination based on accent is prohibited unless it is a barrier to the essential function of the job.
  • File a complaint — you can file a complaint with Employment Standards within six months of your last day of work.

Conclusion

Immigrants in Calgary have the full right to demand overtime pay on par with all Alberta workers. Regardless of your status, if you work more than 8 hours a day or more than 44 hours a week, you are entitled to at least 1.5 times your regular rate. Don't let these rights be ignored — act confidently, gather documentation, consult with relevant organizations, and challenge violations!