help help help EMPLOYER NOT PAYING AS PER LMO AND CONTRACT

[singhsukhbir]

hi I m a cleaning supervisor but my employer is not paying me as per LMO and CONTRACT so my pay slips are not supporting my case can I still apply for CEC and what are my chances of approval pplz if any one can help me I m toooo worried :-[

 

[TeddyXYZ]

The first thing I would do is to report that employer:

To report misuse or abuse of the Temporary Foreign Worker Program, contact:

Service Canada Confidential Tip Line
1-866-602-9448
integrity@servicecanada.gc.ca
Anonymous tips can also be provided to the Employer Contact Centre: 1-800-367-5693

That's thread about TFW abuse: http://www.canadavisa.com/canada-immigration-discussion-board/tfw-abuse-in-canada-and-what-temporary-foreign-workers-can-do-about-it-t118866.0.html

 

[singhsukhbir]

i know all that but i wanna know about my case if i apply in CEC plz help me in that

 

[pfse]

i know all that but i wanna know about my case if i apply in CEC plz help me in that

As per CIC there is no minimum wage requirement:

Does the one year of work experience to qualify under the Canadian Experience Class include non-paid employment? Is there a minimum wage requirement for qualifying employment?

Non-paid employment does not qualify under the Canadian Experience Class. You must have been paid a wage (or earned a commission) but there is no minimum wage requirement for your qualifying work experience.

Full-time work experience means working at least 30 paid hours per week. To qualify, you must have skilled work experience, meaning work in occupations listed at NOC Skill Type 0 (managerial), or NOC Skill Level A (professional occupations) or NOC skill Level B (technical and trade occupations).

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=665&t=6

But if there is a mismatch in earnings between your NOA and Pay Stubs than VO may raise concern over it. So you are eligible but you need to explain your situation very carefully in cover letter. It would be helpful to report your employer and attach copy of the letter to your application.

 

[singhsukhbir]

if I request my employer and try to get sm pay slips with sm adjustment like he might reduce my hrs to 64 like I make hours 88 to 80*16=1280/1408 so he can make 65*20 equivalent to same amount plus my T4 so what do u think is that gonna convince VO. that what I plabn to do. please let me know ur views on this

 

[jes_ON]

if I request my employer and try to get sm pay slips with sm adjustment like he might reduce my hrs to 64 like I make hours 88 to 80*16=1280/1408 so he can make 65*20 equivalent to same amount plus my T4 so what do u think is that gonna convince VO. that what I plabn to do. please let me know ur views on this

It is not clear what you are trying to convince the VO about, other than you're willing to lie and commit fraud.

If your employer is not paying you the amount per the LMO, that is the employer's violation (not yours).

Whatever you are paid, the amount stated in the letter of employment, along with the number of hours worked per week should allow the VO to calculate your approximate earnings, and see that they are reasonably close to what is reported on the T4 and NOA.

So, regardless of what the LMO says, if you earn 16 per hour and work 40 hours per week for a full year, you would have earned about 33,000 and that should be reflected on the T4 and NOA. (prorated if you worked fewer than 52 weeks).