Employer violation

[Lonely planet]

My employer sponsored one of my coworkers under nominee program. She was denied because my employer violated a law which is he pays overtime work for only regular payment (that was the reason of her denial). My concern is i will apply under cec in january 2013, and of course i will ask for an employment certificate to my employer, my quuestions are:
1. Is there a posibility that i woukd be denied also eventhough we have different category (she's under nominee program and i will be cec)?
2. Since my employer had violated a law, would it be better if i get a representative agency when i apply my permanent residency because this kind of agency has immigrant lawyer?

Please kindly help. Thanks!

 

[ujbaby]

My employer sponsored one of my coworkers under nominee program. She was denied because my employer violated a law which is he pays overtime work for only regular payment (that was the reason of her denial). My concern is i will apply under cec in january 2013, and of course i will ask for an employment certificate to my employer, my quuestions are:
1. Is there a posibility that i woukd be denied also eventhough we have different category (she's under nominee program and i will be cec)?
2. Since my employer had violated a law, would it be better if i get a representative agency when i apply my permanent residency because this kind of agency has immigrant lawyer?

Please kindly help. Thanks!

CEC is based on numbers/hrs of work experience and education(canadian graduate stream). some provincial nominee program are based on employer driven and that's why they will deny the applicant if their is any fault from employer. with CEC, hence u met up with the requirements( achieved number of hours needed, provide T4s, NOA, pay stubs if necessary, good IELTS scores, employement letter written on company letterhead with details of hours worked and job duties, and employer contact information to verify ur employment) ur good to go because CEC is not employer driven.

 

[SenoritaBella]

1. Hard to know... unlike the PNP where the employer sponsors/supports the employee's application for permanent residence, the CEC is different. Your employer only provides details about your employment(start & stop dates), main duties, salary, etc. So based on this aspect alone, I doubt it will be a problem but you can confirm with an immigration lawyer.

2. I'm not sure about this one.

 

[Lonely planet]

Thanks for the swift reply. I am relieved. However, as i am the same as my coworker not being paid for overtime pay and if pay stubs would be included for submission, would there be a problem? I worked for 56 hours or sometimes 72 hours per week and my pay stub doesn't show OT pay and all these hours are paid regular pay, i am afraid the VO might create issue on that. I am really afraid about this.

 

[ujbaby]

Thanks for the swift reply. I am relieved. However, as i am the same as my coworker not being paid for overtime pay and if pay stubs would be included for submission, would there be a problem? I worked for 56 hours or sometimes 72 hours per week and my pay stub doesn't show OT pay and all these hours are paid regular pay, i am afraid the VO might create issue on that. I am really afraid about this.

what's OT pay?? don't u pay taxes??

 

[jes_ON]

OT== overtime. Depending on the type of work and province, beyond a certain number of hours per week, "overtime" pay is usually "time and a half" - meaning that if you are normally paid $20/hour, your overtime rate would be $30/hour.

Hard to say if this will cause you problems. Normally, I would say no, because CEC is pass/fail - you either meet their requirements, or you don't.

But your employer has undoubtedly been flagged now in CIC's system for this violation. They may have other credibility issues.

My concern would be that your employer could come under investigation or be sued. if you don't qualify until January, by the time that rolls around, your employer may not be happy about writing you a letter. Frankly, it's time to find a new job ASAP and try to get that letter before you go.

Not sure if lawyer could help. "Other representative" who is not a lawyer probably wouldn't be much use in your case.

 

[Lonely planet]

Hi mr. Jes_on. Can i pm u? I dont know how to send u pm

 

[SenoritaBella]

It's not possible to send pm's until you have 10 posts.

Hi mr. Jes_on. Can i pm u? I dont know how to send u pm

 

[Lonely planet]

Thanks, senoritabella...

 

[SenoritaBella]

You can reply to a couple of posts to get up to 10, which will enable u send pm's right away.

Thanks, senoritabella...

 

[Lonely planet]

Thanks again for the idea, senoritabella... U r heaven sent. Muahhhh