Questions on Temporary Layoff

[Ima]

Hi I have recently been put on temporary layoff with about 40 other TFW's and currently wondering what happens under this ?

My Employer owes me roughly $1000 in holiday pay which they refuse to pay, They also owe me 5% off every dollar I've earned this year (I was placed one a $13.66LMO and they took 5% off every dollar I make for some reason) and they refuse to give it back to me. They also refuse to pay for my airfares if I go home.

What can I do about this? They say if I quit my job I won't see the 5% or my airfare (I still have 10 months on my work permit). My mom also did the same and had to leave Canada and they didn't pay her airfare or 5%


They also told me that I could do EI when I'm on temporary layoff. but I don't think I can. They said I can because they will give me a record of employment

Thank you for any help, sorry for bad spelling

Edit - I am in Edmonton, Alberta.

Edit 2 - Also if I'm owed $1000 in holiday pay, do I get all $1000 or do I pay tax from it?

 

[Leon]

You can call the foreign workers helpline in Alberta, Temporary Foreign Worker Helpline: 1-877-944-9955 or 780-644-9955 (Edmonton local calling area), see http://employment.alberta.ca/Immigration/6599.html and find out about your rights. If you are a low skilled worker, I believe they have to pay for your flights.

Be advised that if you fight for your rights with your employer, they may also make your life miserable. It's a question of how badly you want your 5% and holiday pay vs. keeping the job.

If you have worked the minimum hours to qualify for Employment Insurance, (something like 4 months), then you might be able to get EI. However, EI is only 55% of your gross wages, you will not get any money for the first 2 weeks and it might take 4 to 6 weeks before you get the first check from them. I know of some temporary foreign workers in Alberta who were on temporary lay-off got EI so you should definitely try to apply.

 

[Ima]

I want out of the job and to go back to my home country. I don't see how they could do anything to me. I want my money which is legally owed to me. My LMO say''s they must pay for the flights

Thank you for the links

 

[Leon]

In that case, call the foreign workers help line. They will probably invite you for an interview and you can make a complaint against your employer.

You can also call these guys: http://employment.alberta.ca/SFW/1697.html#File_a_complaint

 

[Ima]

alright thank you very much

 

[Ima]

Alright an update on this. I handed my notice in to my employer (whilst I was on temporary lay off) and told them about how I would be contacting the TFW helpline and Labour standards, and they (my employer) said it would be a longshot if I saw that money and even if I were to go through litigation/lawyer it would be unlikely of getting that money and if I did, it would be upto 5 years through the courts.

What is possible at this point beside going through the TFW help line / Labour Board? I do not want to go through a court system or wait 5 years at a long shot to see my small amount of money (providing my ex employer was telling the truth)

 

[Leon]

Talk to the TFW helpline first and see what they can do. If they investigate your employer, it may be a big hassle for him. They may bar him from hiring TFW's, go through his books to make sure he's paying correctly etc. I heard of one company where there was a dispute over overtime pay and they shut down the company overtime until they had gone through their books to figure out if they had paid correctly or not. Your employer will have to do what they say or he's not the boss of his own company anymore.

 

[sabret00the]

My wife was laid off after completing 3 months of work by her employer without giving any reason with 2 weeks pay. She is a NSNP Skilled Worker with CWP (obtained on the basis of Temporary Letter of Support from NSOI) + TRV. She has applied PR from within Canada as a Provincial Nominee.

Is it possible to convert her CWP to OWP as none of the employers are willing to pay the $230 Employers Compliance Fee to CIC + Submit NSNP Form 200 to issue a new CWP for her. New CWP itself will take around 2-3 months.

Any advise is appreciated.