Employer Changed

[amarfigo14]

Hello

I have question regarding my friend. He is working as a Manager in the restaurant. He got his MPNP and also applied for the Permanent Residency.
Few months ago his employer has changed. He is still working at the same place, at same designation and at the same $/hr. He is in tension what should he do as he also got the work permit of 2 years and that work permit states he is employed with his old employer will be employed till next 2 years. So shall he tell the MPNP that his employer has changed and does he need to get again WRAPA from labour market or he can just tell to the Canadian embassy department regarding that and shall apply for another work permit with new employer.

please inform me at the earliest as he in great tension, before anything happen wrong. he didl not get his file number of the permanent residency file.

 

[computergeek]

So what changed? The NAME of his employer? If so, that's not an issue - company name changes don't change the entity for which he's working. The OWNER of the company? Again, he works for the company not the owner, so it wouldn't be different.

But if the employer changed (a different company) then he would require a new work permit. Further, if it is really a new employer he must get the new work permit BEFORE working for that employer - he cannot apply AFTER he starts working.

 

[amarfigo14]

But the problem is he already started working with the new employer because the old company was sold to new one but employees remained at the same place, designation and $/hr. Will that effect if he al ready started working.

 

[computergeek]

A change of ownership would not constitute a new employer and the existing work permit remains valid.

If it was an asset sale to a new company, the new company would need to have an LMO and the employer must make a new offer. Work permits are specific to the employer and position.

Is the company a sole proprietorship, partnership or corporation? Was the sale of the company a sale of the *company* or a sale of the *assets*.

I cannot answer your question definitively because I don't know what the nature of the change was here. From what you've described, it sounds like a change of control, so that the existing company still exists, but there are new owners and/or management. In such a case the work permit remains valid, although your friend might wish to ask CIC to change the name on his work permit. The one case where this is a problem is if it was an asset sale, in which case the old employer terminates the employees, and the new employer hires them. For example, this is the situation with Zeller's and Target in Canada right now - Target purchased real estate assets, but did not buy Zeller's operations. Thus, the employees of Zeller's may apply for new jobs at Target, but Target is not bound by contracts with Zeller's.

The employer should also be involved here - this is a question that directly impacts them. There are real penalties for hiring illegal foreign workers. However, I suspect they think everything is fine - your friend is likely being paid via cheque or electronic transfer, leaving a paper trail that a company engaged in unlawful behaviour would avoid. Now if they are paying your friend below minimum wage, in unsafe working conditions and in cash, I'd be worried because THAT sounds like typical illegal employer behaviour.

 

[amarfigo14]

Thanks for all the information. You gone in a proper way. The explaination is really great. I like it. Thank you . Hopefully the information provided by you will help my friend. once again thank you.

A change of ownership would not constitute a new employer and the existing work permit remains valid.

If it was an asset sale to a new company, the new company would need to have an LMO and the employer must make a new offer. Work permits are specific to the employer and position.

Is the company a sole proprietorship, partnership or corporation? Was the sale of the company a sale of the *company* or a sale of the *assets*.

I cannot answer your question definitively because I don't know what the nature of the change was here. From what you've described, it sounds like a change of control, so that the existing company still exists, but there are new owners and/or management. In such a case the work permit remains valid, although your friend might wish to ask CIC to change the name on his work permit. The one case where this is a problem is if it was an asset sale, in which case the old employer terminates the employees, and the new employer hires them. For example, this is the situation with Zeller's and Target in Canada right now - Target purchased real estate assets, but did not buy Zeller's operations. Thus, the employees of Zeller's may apply for new jobs at Target, but Target is not bound by contracts with Zeller's.

The employer should also be involved here - this is a question that directly impacts them. There are real penalties for hiring illegal foreign workers. However, I suspect they think everything is fine - your friend is likely being paid via cheque or electronic transfer, leaving a paper trail that a company engaged in unlawful behaviour would avoid. Now if they are paying your friend below minimum wage, in unsafe working conditions and in cash, I'd be worried because THAT sounds like typical illegal employer behaviour.

 

[Candoll]

I have applied under Canadian experience class with 1 year plus work ex but my CRS is 437 right now, just short of the cutoff by 4 points.
I am being offered employment in another province in skilled category and I want to take that.
My only concern with the new company is that it doesn’t have any web presence and they operate from a residential business address.. will that be an issue?
It is a genuine company operating fedex
Routes. I have verified that.
@computergeek please let me know