Probationary period of employment

[rodrigochi89]

Hi everyone, I'd really appreciate your input on this matter

When the company I work for finds a potential employee they put him to work as a subcontractor for 2 months (a sort of probationary period). During this time the worker trains and works but receives paychecks without tax deductions. If the company likes him after two months of probation, they hire him, and he would begin to receive tax deducted paychecks along with the standard tax deducted paystubs.

When it comes to writing the reference letter for express entry, in this scenario. what would be the employment start date? would that date be the start of the probationary period or, the first day he is hired after his probation is done?

Best regards and thanks in advance for your comments

 

[jesuscares]

My application had the same component. The company that I worked for placed the official employment start date as the time the probationary period started.

 

[jes_ON]

Hi everyone, I'd really appreciate your input on this matter

When the company I work for finds a potential employee they put him to work as a subcontractor for 2 months (a sort of probationary period). During this time the worker trains and works but receives paychecks without tax deductions. If the company likes him after two months of probation, they hire him, and he would begin to receive tax deducted paychecks along with the standard tax deducted paystubs.

When it comes to writing the reference letter for express entry, in this scenario. what would be the employment start date? would that date be the start of the probationary period or, the first day he is hired after his probation is done?

The issue is not that it was a "probation" period (which is not a problem). The issue is that you were self-employed for those first two months, and self-employment is not accepted.

It might be possible to get those 2 months accepted, but you would avoid a big headache and potential for it to NOT be accepted if you simply worked for one year from the start date of your employment (as opposed to self-employment).

If you must have those first two months, then technically you would have to convincingly argue that you were a de facto employee, regardless of the contractual arrangements. That might not be too difficult, given that they did hire you on as a regular employee. And your employer should explain it in the letter of employment.

 

[rodrigochi89]

The issue is not that it was a "probation" period (which is not a problem). The issue is that you were self-employed for those first two months, and self-employment is not accepted.

It might be possible to get those 2 months accepted, but you would avoid a big headache and potential for it to NOT be accepted if you simply worked for one year from the start date of your employment (as opposed to self-employment).

If you must have those first two months, then technically you would have to convincingly argue that you were a de facto employee, regardless of the contractual arrangements. That might not be too difficult, given that they did hire you on as a regular employee. And your employer should explain it in the letter of employment.

Thanks a lot for taking the time to comment on this jes_ON

I dont really need these 2 months. I'm just worried that if we dont mention them in the reference letter it could become an issue in the future. I dont want to look like I'm hiding stuff or modifying my history with the company, perhaps I'm being overly cautious here. I did declare these 2 months of self employment in my taxes back in 2016.

I worked for this company from July 2015 to July 2016 with IEC open work permit. And from June 2017 to present with LMIA closed work permit.

 

[jes_ON]

Thanks a lot for taking the time to comment on this jes_ON

I dont really need these 2 months. I'm just worried that if we dont mention them in the reference letter it could become an issue in the future. I dont want to look like I'm hiding stuff or modifying my history with the company, perhaps I'm being overly cautious here. I did declare these 2 months of self employment in my taxes back in 2016.

I worked for this company from July 2015 to July 2016 with IEC open work permit. And from June 2017 to present with LMIA closed work permit.

If you don't need to count the time, then just explain it the way it happened, it's OK.