Job not what we thought it was

Old Jul 23rd 2013, 12:22 pm
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Default Job not what we thought it was

Hi, wondered if anyone can give a little advice, can't seem to find specific answers anywhere.

Hubs came out to Sask about three months ago to do a specific job, having got here he has found that actually the job he is doing is not what he thought he was being employed for. He has been flexible and tried to go along with whatever has been asked of him but has found out that this company has gone through staff like water over the past couple of years and the only consistentcy is the owner and his business partner. Everyone else has either been paid off or left.

The owner spoke to hubs today and said that he felt it wasn't working out but would keep him on but at a reduced rate of pay. The reduced rate is quite frankly ridiculous. We don't want to return to the UK but are here having been nominated by SINP, got POE work permit for him and SOWP for me valid until May next year. We literally just submitted the PR forms.

Now, that's the background. To get to the point what I am trying to find out is, should he leave or get paid off where do we stand. I realise we can stay in the country till the work permit expires but can he work for someone else? He is confident he could secure another job but how does that affect the PR Application, is that tied to the job he came over on and if so do we need to get approval from someone to be able to change employers. Does any new employer have to get an LMO? Obviously we didn't need one coming out as he had a job and a nomination letter from SINP.

Any advice would be greatly appreciated.

Ang

Last edited by AJRowan; Jul 23rd 2013 at 12:26 pm.
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Old Jul 23rd 2013, 1:23 pm
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Default Re: Job not what we thought it was

Originally Posted by AJRowan
Hi, wondered if anyone can give a little advice, can't seem to find specific answers anywhere.

Hubs came out to Sask about three months ago to do a specific job, having got here he has found that actually the job he is doing is not what he thought he was being employed for. He has been flexible and tried to go along with whatever has been asked of him but has found out that this company has gone through staff like water over the past couple of years and the only consistentcy is the owner and his business partner. Everyone else has either been paid off or left.

The owner spoke to hubs today and said that he felt it wasn't working out but would keep him on but at a reduced rate of pay. The reduced rate is quite frankly ridiculous. We don't want to return to the UK but are here having been nominated by SINP, got POE work permit for him and SOWP for me valid until May next year. We literally just submitted the PR forms.

Now, that's the background. To get to the point what I am trying to find out is, should he leave or get paid off where do we stand. I realise we can stay in the country till the work permit expires but can he work for someone else? He is confident he could secure another job but how does that affect the PR Application, is that tied to the job he came over on and if so do we need to get approval from someone to be able to change employers. Does any new employer have to get an LMO? Obviously we didn't need one coming out as he had a job and a nomination letter from SINP.

Any advice would be greatly appreciated.

Ang
He should read this
http://www.qp.gov.sk.ca/documents/En...tatutes/L1.pdf

Also, it would be worth talking to the labour standards branch.
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Old Jul 23rd 2013, 1:25 pm
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Default Re: Job not what we thought it was

I think you will find there are laws to protect you against this type of thing.... MandyMooChops should know about this.

Here's a link to the info from CIC

http://www.cic.gc.ca/english/pdf/pub...ts-english.pdf

And another link

http://www.cic.gc.ca/english/resourc...tfw-rights.asp

I went thru a similar experience after 2 years with a company, I also had my PR application in. You can stay until the end of the TWP if you have to resign and the person with the SOWP can carry on working until then.

If you leave the company you will need to find another employer to apply for a new LMO to be hired, I guess it depends on your job as to the availability.

Good luck

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Last edited by Aqua; Jul 23rd 2013 at 1:28 pm. Reason: Added extra link
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Old Jul 23rd 2013, 1:31 pm
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Default Re: Job not what we thought it was

Aviators link is worth a read!!
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Old Jul 23rd 2013, 2:01 pm
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Default Re: Job not what we thought it was

Off to read Aviators link, thanks for the input. We didn't need an LMO when we came out as we had the nomination letter and a letter offering employment so TWP was issued at point of entry. Just not sure if hubs would need to go down the LMO route if he were to look for alternative employment or if the nomination letter and TWP are enough to get another job with. All so confusing. Any thoughts greatly appreciated .
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Old Jul 23rd 2013, 2:07 pm
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Default Re: Job not what we thought it was

There are a few people on here who know a lot about this so give then a shout

Try Christmasoompa and Siouxie.... The moderators who are on now... PM them
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Old Jul 23rd 2013, 2:08 pm
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Default Re: Job not what we thought it was

Thanks aqua, appreciate the help.
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Old Jul 23rd 2013, 3:10 pm
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Default Re: Job not what we thought it was

Have read links, thanks folks and it would seem that offer of employment is just within the realms of covering the job description. It's is done by using the caveat "not limited to".
Whilst hubs has no issue with being flexible it seems unfair that being offered a reduced wage as a " at least you will still have a job" is being used to suggest that actually they don't need him to do the job he was employed to do but actually just require someone to do the more hands on work so to speak. Although the job title in the offer of employment says carpenter supervisor, he has been in discussion with the employer for months and was sold the job as organising jobs, scheduling, pricing, dealing with trades, sub contractors etc. he has no problem doing more hands on stuff but it would appear that the employer who "wanted to take a back seat" get someone to do all these things no longer wants to do that and is dealing with that side himself. Which is fine if we hadn't committed to coming to Canada permanently on the basis of a particular job at a particular salary.

All that said, we really like Canada and want to stay,we just need to look into what options are open to us and whether or not we need an LMO or a letter of employment from a registered Saskatchewan company. This is the one piece of information we can't quite seem to pin down. Either way I guess we have a process to go through and not sure how long it will take or how complex it is.

All I can say is thank goodness for this web site and the extremely helpful people here who help put things in perspective and can often point you in the right direction
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Old Jul 23rd 2013, 3:18 pm
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Default Re: Job not what we thought it was

Was the SINP letter of nomination tied to that employer and given to you based on employment with that employer only? If it was then you might be looking at having to get an LMO from another employer. I would be contacting the SINP to see what they suggest in regards to where you stand being nominated for SINP.

This is happening more frequently across the country with certain employers.
LMOs take anywhere from 8 to 16 weeks to get approved plus the hard part will be finding another employer unless SINP tell you differently.
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Old Jul 23rd 2013, 3:39 pm
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Default Re: Job not what we thought it was

Hi,


We have two letters from SINP one mentions a specific employer and one makes no mention of them although all other details on the letters are the same. TWP states the employers name specifically and the job title.

Will contact SINP tomorrow and see what they suggest.

Any thoughts much appreciated

Angela
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Old Jul 23rd 2013, 3:48 pm
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Default Re: Job not what we thought it was

Employment legislation sets the minimum standards, common law sometimes takes a different view.

http://www.lrws.gov.sk.ca/rights-responsibilities

In any situation where one is unfamiliar, I would seek professional advice before doing anything.

https://www.canlaw.com/secure/sslref.../saskatoon.htm
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Old Jul 23rd 2013, 3:58 pm
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Default Re: Job not what we thought it was

Many thanks Aviator,

believe me once we get this sorted we will look into how to report this situation. Although I have to say the employer has been extremely cagey about the timing of this (employed just days shy of three months) and seems to have covered himself with the vague, all encompassing wording of the letter of employment. The drop in salary also just meets the minimum legal requirement for the job, but not the rate he was employed on.

However, moaning aside we are committed to staying here and hope that we can sort this out as painlessly as possible. There are jobs available in his field so hopefully he can find something else and we can move on from this. Lets just hope SINP are as helpful as they were when we applied and can help us sort it out.
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Old Jul 24th 2013, 2:11 am
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Default Re: Job not what we thought it was

I wish you'd contact the media. The employer is exploiting you (imo).
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Old Jul 24th 2013, 2:34 am
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Default Re: Job not what we thought it was

Originally Posted by ExKiwilass
I wish you'd contact the media. The employer is exploiting you (imo).
Also contact an employment lawyer. If he had a contract stating $x an hour then it should be honoured.

To me this seems like a pattern of exploitation, CIC might be quite interested too if there is a pattern of bringing people in on work permits only for them to leave a short while later after getting screwed over with lowball pay offers.

A lot depends on what his contract says about pay, and the circumstances of his getting the work permit. A chat with a lawyer will at least give you a realistic idea where you stand.
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Old Jul 24th 2013, 4:24 am
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Default Re: Job not what we thought it was

Thanks to all for input, having a chat with lawyer later today and with recruitment company who put us in touch with employer in the first place. Will keep everyone posted.

Ps. As far as I am aware he has employed someone from the US who he let go just shy of three months and at least another three Canadians in less than a year. It's strange but now this has happened we realise that only the employer and his business partners are consistent in the company, everyone else appears to only be there or have been there for a short period of time. Don't get me wrong, hubs may well have been brough over from the UK with the best of intentions but it would appear the employer, or perhaps the business partner doesn't like the reality of handing over any responsibility to another person. So, rather than do that they have suggested an "alternative", which if it were on the same salary we would just suck up and live with till PR came through. unfortunately the much lower salary would make this very difficult as we now have a house and commitments. Oh we'll, you live and learn. . . . .

Think the best thing for us is to find out what our options are and try to sort it out.

Keep smiling
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