Your employer is in obvious violation of bc labour law:

No false representations

8 An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following:

(a) the availability of a position;

(b) the type of work;

(c) the wages;

(d) the conditions of employment.


Overtime wages for employees not working under an averaging agreement

40 (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37,

(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and

(b) double the employee's regular wage for any time over 12 hours.

(2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours.

(3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.

(4) [Repealed 2002-42-19.]


Here are the labour standards: http://www.bclaws.ca/Recon/document/....xml#section40

BC Employment standards would deal with this if you reported it. However you may find yourself unemployed. There sounds like something really fishy going on with the cash back thing. If they are paying you and taking deductions on what they pay you, then you give them cash back, you're paying the tax on it.
Unfortunately it sounds as if you and your situation are being taken advantage of. If you leave your job, you have up to 6 months to file a complaint.

This is Employment standards act . You can always call you local ES office for advice or an employment lawyer. Unless you are a manager under the ESA definition, overtime on the part of the employer is not optional. Presumably you are filling in time cards with your hours, the employer has a legal obligation to keep these. Are you getting a record of deductions. It is not uncommon to not have an employment contract, the letter offering the terms of emloyment should suffice.

You should get professional advice.

Today morning, he got the money - $ 664 from me. I am crying inside.

Some one in my family is suffering from serious health issue at my home and i need a job to send money for the medicines etc. He knows my situation very well. He has been playing with my emotions,kind of mental torture too. I could not quit this job also.I feel so helpless.

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Not only this, I have encountered two incidents with him, which were unbelievable. I have no evidences for this. When I could not be able to tolerate, I will reveal here.

He wants me to be a slave to run his business smoothly and mint money.

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My present work permit is getting expired this year November 2009 and found out another employer. They are going to submit the LMO application today and they are having hopes to hire me.

If i go to the labor standards office and complain, then

would this " over-time " affect the new employer's LMO ???

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If I go to the labor standards office and complain, then

they could get the money and after that i will be having no job and no work permit like in Ontario ??

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This is terrible. An example of how immigrants are abused and not just in Canada but elsewhere. Though my experience has found that employers here just take liberties. MOH gets called in even though he isn't on call- ever. He gets time back instead of overtime, so there's no extra pay for out of hours work, for the inconvenience. He even got called in the day he was taking me into hospital.

I hope you get the new LMO sorted out and find a decent employer.

Should not affect future LMO applications (talk to Service Canada & ES office to be sure). If you are fired because of a complaint you may have a case for wrongful dismissal. Nobody other then the ES office or a lawyer can advise you properly. Will it affect future employment? No way of telling. One would hope not, but then things don't always work out as they should.

Your only choices as I see it, is an employment lawyer, the ES office, quit or put up with it. I don't know you circumstances and could not advise, but myself I'd go to employment standards for advice and then decide. Going to or calling the ES office does not commit you to making a complaint.

Here's a list of locations http://www.labour.gov.bc.ca/esb/contact/branch.htm

I'm watching this and feeling for the poster.

Doesn't this seem to happen just too much here in Canada or is it my imagination? There seems to have been a lot of threads about people from abroad being badly used by employers here.

My SIL was totally screwed over here in BC and he's ended up losing his job, family and health over it.

Electrons
Did you query the wrong payments in your first pay check ? I dont know how you stand as you have left it for over a year without complaining,

Your employer sounds like a right Arthur Daley...

I don't think it's particularly here, exploitation of immigrants is a tradition in many countries. The system whereby an employer holds the paperwork and the immigrant employee cannot work for anyone else invites abuse but, if you want to move to Canada, maybe it's worth getting robbed.

...and at least there's this bunch to help - and they often do!

Get your new job offer confirmed, and then shop your old employer to the authorities - seems like he deserves it.

Again, it will be the same ...

i might get the $ 15/hour, but no job and no work permit ...

I thought you said you were applying for another job?

What I meant is, get the new job, and then shop your old employer to the authorities...

yes, I have found out another employer.

If I change the employer, then there would not be any issues like no job and no work permit ?

Once you have a new employer then by reporting your old employer to the authorities or suing them through a lawyer then two things may happen:

1. You get back what you were entitled to
2. It helps deter him doing this to somebody else

If he is doing anything illegal, that may come to light as well. What store are you working at?