Hours of work / Unpaid Overtime

[scottyxx]

Here is my problem.

I work at a University and our baseline hours are 35 hours per week. No contract can go above that by policy.

But due to the nature of my job (forensic investigations and what not) I have been working lots of unpaid overtime which my departmental supervisor has been keeping track of.

I work through lunch every day. Taking my work week up to 40hours per week, and then Most weeks I work an extra 2 hours per day on top of this, taking my hours to 42 hours per week.

However, due to annual wages / union positions all my overtime has been unpaid and HR do not know about it, but my boss does.

What I am basically asking is that in my situation, would a letter from my boss stating that I am on a 35 hour contract, but work 40 - 45 hours per week on average be enough to count towards the hours for immigration?

I have worked at the same job for two years, 1 year 1 month as an Intern, earning around $24, 000 per year, and then 1 year as a Contract Employee earning around $50,000 per year.

Would counting all my over time hours result in my wages being too low to apply for immigration?

I am really confused / worried about this.

 

[jes_ON]

First, full-time is "at least 37. 5 hours per week" - so it doesn't matter if it is 37.5, 40, or 80 hours per week, it is the same week of full-time employment.

Second, you have a contract, and you are paid based on the contract (evidence coming from T4 and notice of assessment). If your letter of employment says something different, there's a problem... If your boss says you work more than 35 hours per week, that is not really a problem, but it is not supported by the other evidence, so you probably wouldn't get credit for it, and your application would be rejected.

Third - at 35 hours/week, you need 26 months (112 weeks) to qualify for CEC - you are only 1 month away from that. It would be much better for you to simply work another month and submit your application with a 35 hour work week, as that is what is support by your documents.

your wages are not an issue.

I hope for your sake your "unpaid overtime" is given back in compensatory time (you can take extra days off).

 

[scottyxx]

Thats what I was worried about. So Thats it then. Game over. Ive been working all these hours for nothing.

I am going to be 1 month short of being able to stay here full time

I really don't know what to do.

I have no way of extending my permit, as I have been here on a working holiday permit.

Where on your T4 does it state the hours worked? Any advice? Anyone?

 

[scottyxx]

First, full-time is "at least 37. 5 hours per week" - so it doesn't matter if it is 37.5, 40, or 80 hours per week, it is the same week of full-time employment.

Second, you have a contract, and you are paid based on the contract (evidence coming from T4 and notice of assessment). If your letter of employment says something different, there's a problem... If your boss says you work more than 35 hours per week, that is not really a problem, but it is not supported by the other evidence, so you probably wouldn't get credit for it, and your application would be rejected.

Third - at 35 hours/week, you need 26 months (112 weeks) to qualify for CEC - you are only 1 month away from that. It would be much better for you to simply work another month and submit your application with a 35 hour work week, as that is what is support by your documents.


your wages are not an issue.

I hope for your sake your "unpaid overtime" is given back in compensatory time (you can take extra days off).

My unpaid overtime has been not given back, its been done in order to make up hours for immigration. lol. What a waste of time. Im screwed anyway.

 

[jes_ON]

I have no way of extending my permit, as I have been here on a working holiday permit.

Have you asked your boss about applying for a Labour Market Opinion (LMO) so that you can get a temporary work permit?

 

[scottyxx]

HR has already turned that down, they have said they will not do it. Hence the overtime as HR do not want involved with immigration.

 

[jes_ON]

Well... let me just say this. I work at a university, and when I was hired, HR also refused to apply for the LMO (said they only did that for faculty, not staff). So my boss applied for the LMO on his own, and got it.

If your boss is willing, there's no reason s/he can't do that. The only thing is, s/he'd have to show recruitment efforts - advertise the position for at least 2 weeks - and that no qualified Canadian applied...

 

[scottyxx]

Thank you^^ That sounds very relevant to my situation!!

 

[scottyxx]

First, full-time is "at least 37. 5 hours per week" - so it doesn't matter if it is 37.5, 40, or 80 hours per week, it is the same week of full-time employment.

Second, you have a contract, and you are paid based on the contract (evidence coming from T4 and notice of assessment). If your letter of employment says something different, there's a problem... If your boss says you work more than 35 hours per week, that is not really a problem, but it is not supported by the other evidence, so you probably wouldn't get credit for it, and your application would be rejected.

My contract and my T4 make no mention of my hours worked. I get paid $50,000 anually, with no mention of an hourly wage. In fact I didn't even know I was only suppose to work 35 hours a week, as I have been told I "must be in the office at all times" during he day to answer the phones. Making me assume I was on a 40hr week.

Third - at 35 hours/week, you need 26 months (112 weeks) to qualify for CEC - you are only 1 month away from that. It would be much better for you to simply work another month and submit your application with a 35 hour work week, as that is what is support by your documents.

Im on a working holiday permit, no way of extending without LMO and there is no way they would do an LMO for a month if they didn't wanna keep me on full time - which wont be decided until the new budgests come out in the end of april. Leaving me 2 months to get everything I need together...which is going to be very night, probably impossible.

your wages are not an issue.

I hope for your sake your "unpaid overtime" is given back in compensatory time (you can take extra days off).

Nope! lol.

Thanks! This is very helpful!!