does equality in giving work exist ?

[scallop]

Hello all
for a long time this question has been Annoying me
please put me in a right way
suppose a foreign person apply for student visa in Canada and it will be accepted
beside it suppose he/she has top IT certification and is a expertise (strong knowledge and experience )
hourly paying for this person is a minimum 30$ CAD:assume
My question clearly is does any different between Canadian citizenship and one foreigner in getting salary from Canadian employer perspective ?
or in which situation like a lack of working time(part time) can deducted ?

i want to realize does this guy can get Full his/her Right as well as Canadian or PR guys (salary)?

cheers
with regard

 

[k.h.p.]

This is mostly up to an employer - they get to choose the wage rate. If they have published an advertisement for a job that pays $30 per hour, then you should expect to be offered employment at the $30 per hour.

However, they may choose not to hire someone on a student visa knowing that they may not be able to stay in Canada. Or they may choose to not offer you a job because you can only work part time. Or they may choose to offer you a lower wage at a part time rate.

 

[21Goose]

Hello all
for a long time this question has been Annoying me
please put me in a right way
suppose a foreign person apply for student visa in Canada and it will be accepted
beside it suppose he/she has top IT certification and is a expertise (strong knowledge and experience )
hourly paying for this person is a minimum 30$ CAD:assume
My question clearly is does any different between Canadian citizenship and one foreigner in getting salary from Canadian employer perspective ?
or in which situation like a lack of working time(part time) can deducted ?

i want to realize does this guy can get Full his/her Right as well as Canadian or PR guys (salary)?

cheers
with regard

Legally speaking, a company cannot discriminate on the basis of citizenship/nationality/PR. If you are legally eligible to work in Canada (you have the proper work permit), a company cannot say that simply because you aren't a citizen or a PR they will treat you differently. Source below for a landmark case in Ontario.

However, this is somewhat hard to enforce and in practice there definitely can be a bias towards hiring PR/Citizens. They won't tell you that directly, of course, that's not allowed. But you may find that you don't get called for interviews etc. once they learn of your status. Soft discrimination like this is very hard to prove.

In addition, Canadian employers do not usually weigh foreign work experience the same as Canadian experience. Of course this all depends, if you worked for Apple or Google or Accenture or some other huge global company, your work experience will be counted. If you worked for a smaller company in a less developed country, the tendency will be to discount that experience. There's nothing you can do about this, and often it is justified as well to some degree. So you may not get hired because the employer doesn't feel like your experience counts as much as another candidate who has Canadian work experience.

If you DO get the job, though, you have to get paid the same rate that was advertised or a rate that is appropriate for the job/your experience. A company cannot pay you less simply because you're not a citizen/PR. They can be sued very very easily for something like that. That's clearly discrimination.

https://www.minkenemploymentlawyers.com/blog/hiring-employees-eligible-work-canada-permanent-basis-discrimination-basis-citizenship/
https://www.canlii.org/en/on/onhrt/doc/2018/2018hrto957/2018hrto957.html?resultIndex=1

This decision sends an important message to Ontario employers that differential treatment on the basis of a person’s citizenship or immigration status will not be tolerated: it is illegal for employers to discriminate on the basis of permanent ability to work in Canada.

Employers should review their hiring policies and practices to ensure that they are not excluding candidates based on their immigration or citizenship status. While employers cannot employ an individual who is not legally eligible to work in Canada at all, they must give due consideration to candidates who have work visas or permits which allow them to work in the country on a non-permanent basis.

 

[scallop]

This is mostly up to an employer - they get to choose the wage rate. If they have published an advertisement for a job that pays $30 per hour, then you should expect to be offered employment at the $30 per hour.

However, they may choose not to hire someone on a student visa knowing that they may not be able to stay in Canada. Or they may choose to not offer you a job because you can only work part time. Or they may choose to offer you a lower wage at a part time rate.

so many thanks for Your answer
Yes completely correct.
cheers

 

[scallop]

Legally speaking, a company cannot discriminate on the basis of citizenship/nationality/PR. If you are legally eligible to work in Canada (you have the proper work permit), a company cannot say that simply because you aren't a citizen or a PR they will treat you differently. Source below for a landmark case in Ontario.

However, this is somewhat hard to enforce and in practice there definitely can be a bias towards hiring PR/Citizens. They won't tell you that directly, of course, that's not allowed. But you may find that you don't get called for interviews etc. once they learn of your status. Soft discrimination like this is very hard to prove.

In addition, Canadian employers do not usually weigh foreign work experience the same as Canadian experience. Of course this all depends, if you worked for Apple or Google or Accenture or some other huge global company, your work experience will be counted. If you worked for a smaller company in a less developed country, the tendency will be to discount that experience. There's nothing you can do about this, and often it is justified as well to some degree. So you may not get hired because the employer doesn't feel like your experience counts as much as another candidate who has Canadian work experience.

If you DO get the job, though, you have to get paid the same rate that was advertised or a rate that is appropriate for the job/your experience. A company cannot pay you less simply because you're not a citizen/PR. They can be sued very very easily for something like that. That's clearly discrimination.

https://www.minkenemploymentlawyers.com/blog/hiring-employees-eligible-work-canada-permanent-basis-discrimination-basis-citizenship/
https://www.canlii.org/en/on/onhrt/doc/2018/2018hrto957/2018hrto957.html?resultIndex=1

This decision sends an important message to Ontario employers that differential treatment on the basis of a person’s citizenship or immigration status will not be tolerated: it is illegal for employers to discriminate on the basis of permanent ability to work in Canada.

Employers should review their hiring policies and practices to ensure that they are not excluding candidates based on their immigration or citizenship status. While employers cannot employ an individual who is not legally eligible to work in Canada at all, they must give due consideration to candidates who have work visas or permits which allow them to work in the country on a non-permanent basis.

But you may find that you don't get called for interviews etc. once they learn of your status. Soft discrimination like this is very hard to prove.[exact example ]

This decision sends an important message to Ontario employers that differential treatment on the basis of a person’s citizenship or immigration status will not be tolerated: it is illegal for employers to discriminate on the basis of permanent ability to work in Canada.[ Yes,i see]

but finally i got the points and closed to my purpose
again many many thanks for your replying .
with regard

 

[selvakk]

But you may find that you don't get called for interviews etc. once they learn of your status. Soft discrimination like this is very hard to prove.[exact example ]

This decision sends an important message to Ontario employers that differential treatment on the basis of a person’s citizenship or immigration status will not be tolerated: it is illegal for employers to discriminate on the basis of permanent ability to work in Canada.[ Yes,i see]

but finally i got the points and closed to my purpose
again many many thanks for your replying .
with regard

You have to be very outstanding, more than the PR's or Citizens, if you want to get easily employed. The sad truth is , that you will cost more to maintain (Visa fees, LMIA etc). If you and a PR or Citizen is of equal caliber, then they will go for those whom they need not bear an "extra" cost. Laws exist to the contrary, but as mentioned earlier soft discrimination will still be applied.