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What can I do when my employer breaches the contract?

got beer?

Newbie
Oct 9, 2014
3
0
I'm a foreign worker with a work permit based on labour market opinion and I have a contract with my employer who has breached the contract. It looks like I can't do anything about it as if I file a complaint I would most definitelly loose my job which is my only income.
My contract states full time but in winter I have much less than 30 hours a week and in summer I always work overtime which I never get paid for as well as I never get paid for stat. days.

What could happen to employer if I decide to file a complaint? Is it worth it? Or should I just keep my mouth shut and let employer do the same to everybody else who's working there?
 

lucybear05

Star Member
Mar 17, 2012
105
3
Well, I think the practical question is - do you NEED this job, and are you prepared to stay there under the circumstances? Obviously, your employer is a jerk, and is breaking the rules of the TFW program. But the more important question is your personal situation.

Yes, I think if you start stirring up the workers and filing complaints, it is likely to mean you won't do well there and will end up out of a job. That is the practical reality. Can you afford that? Can you find another employer willing to obtain an LMIA and hire you?

If you think you can afford to lose that job, then I say go for it - whistleblow on this employer. He should not be failing to pay overtime, or failing to provide an appropriate number of hours of work as agreed to in the contract under which he got the LMIA. The not paying you for overtime hours worked and for stat holidays is especially offensive. What a jerk.

I am not sure what the consequences would be for him. If it was determined that he did do these things, I think he could be fined, and banned from employing TFW.

My personal advice - I would start to quietly look for another job. If you can find someone else to obtain an LMIA and hire you, then wait until they've done so, get a new work permit, and then quit your current job. Once you are safely working for someone else, make the complaint then. That's probably what I would do.
 

ragluf

Champion Member
Feb 15, 2012
2,506
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got beer? said:
I'm a foreign worker with a work permit based on labour market opinion and I have a contract with my employer who has breached the contract. It looks like I can't do anything about it as if I file a complaint I would most definitelly loose my job which is my only income.
My contract states full time but in winter I have much less than 30 hours a week and in summer I always work overtime which I never get paid for as well as I never get paid for stat. days.

What could happen to employer if I decide to file a complaint? Is it worth it? Or should I just keep my mouth shut and let employer do the same to everybody else who's working there?
Hi - see here:
http://www.cic.gc.ca/english/work/tfw-rights.asp

Labor Offices:
http://www.cic.gc.ca/english/work/labour-standards.asp
.../atb
 

got beer?

Newbie
Oct 9, 2014
3
0
Thanks for answers.

I could afford waiting for it while not working BUT I'm a little afraid that I might have troubles staying in Canada. Even though I can stay here as a tourist for 3 months without any visa, but I've read stories when customs officers give just few weeks assuming 'tourist' might start working illegaly. That's my biggest concern now as my spouse is here and she is in process of getting PR which might take a while.

I've contacted employment standards centre and I have appointment on tuesday. Will see what they say.
 

got beer?

Newbie
Oct 9, 2014
3
0
So I got a call from Employment Standards Office and if someone else is in situation like me - there's nothing really we can do about it.

If employer is not giving you hours - only court could help. Which would probably take forever and cost a lot.

If employer is not paying overtime or stat. days - yes, they would do investigation and employer would have to pay it + possible ban hiring foreign workers. But in my case it's only about 40-50 hours, and that would mean loosing my job.

It's kinda disappointing.
 

jaybakerca

Hero Member
Jul 30, 2014
337
9
If I were you I would stay at the job until
You qualify for Pr and then get that and give the finger to your previous employee. Depends how much you value your life here in Canada.
That's what I would do anyway