LMIA Median Wage Requirement Calculation

[fat_penguin]

Hey guys, quick question about the wage requirements for LMIA...

The median wage is typically given in $/hr. Lets assume the median wage for occupation X in Ontario is $25/hr. Lets say there are two candidates each getting $50,000/year. First applicant is working 35 hours a week, the second one is working 42 hours a week. (Both considered to be full-time work, afterall)

Applicant 1: 50,000/(35*52) = $27.5/hr
Applicant 2: 50,000/(42*52) = $22.9/hr

Therefore, applicant 1 is eligible to apply and get a positive LMIA, whereas the second one does not satisfy the wage requirements and will probably get a negative LMIA. Is this the case? Can someone provide clarification? This doesn't seem fair to me.

Also, lets say applicant 2 gets annual performance bonuses. Can he/she use the $$ from the bonuses towards the calculation of his/her equivalent median wage to satisfy the $25/hr requirement?

 

[fat_penguin]

Bump.

 

[scylla]

I assume CIC uses a standard work week to calculate the wage per hour for salaried employees rather than the actual hours they worked. A standard work week in Ontario is typically 37.5 hours. Annual performance bonuses would not be included towards the wage calculation.

 

[kakhileshreddy]

to know better about wages please see below link


http://www.jobbank.gc.ca/wage-outlook_search-eng.do?reportOption=wage

 

[fat_penguin]

Are there any exceptions to this median wage rule? In my specific case, I work as an engineer-in-training (EIT) at my firm (that's the title most engineers in Canada start off with in their first 4 years - a diploma doesn't make you a professional engineer). But the encompassing NOC code is 2132 (ie. mechanical engineers). Obviously, being lumped with professional engineers in the same NOC as an engineering trainee doesn't help my case... The median wage in Toronto is quite high for most entry level engineering graduates to satisfy...

Can my company hypothesize that I am not yet a "professional engineer", but am in the process of becoming one (in 4 years), and therefore, the wage I am getting is reasonable? There must be a way to differentiate engineers from engineers-in-training, surely... No?

Or perhaps they can point out that the wage I am getting is in line with other Canadian EIT's at the firm and that I am not being paid less?

 

[fat_penguin]

Bump

 

[asdf-1234+]

Are there any exceptions to this median wage rule? In my specific case, I work as an engineer-in-training (EIT) at my firm (that's the title most engineers in Canada start off with in their first 4 years - a diploma doesn't make you a professional engineer). But the encompassing NOC code is 2132 (ie. mechanical engineers). Obviously, being lumped with professional engineers in the same NOC as an engineering trainee doesn't help my case... The median wage in Toronto is quite high for most entry level engineering graduates to satisfy...

Can my company hypothesize that I am not yet a "professional engineer", but am in the process of becoming one (in 4 years), and therefore, the wage I am getting is reasonable? There must be a way to differentiate engineers from engineers-in-training, surely... No?

Or perhaps they can point out that the wage I am getting is in line with other Canadian EIT's at the firm and that I am not being paid less?

i wish i can answer that, i have no idea. im having an issue with my salary as well

 

[fat_penguin]

I assume CIC uses a standard work week to calculate the wage per hour for salaried employees rather than the actual hours they worked. A standard work week in Ontario is typically 37.5 hours. Annual performance bonuses would not be included towards the wage calculation.

Hey Scylla, is there any way to confirm what number EDSC uses to calculate "weeks per hour"? I've heard both 40 and 37.5.

Can anyone familiar with the LMIA application weigh in? Does it ever ask on the application form how many hours per week do you work per week?