Duimpies

Restricted work permit - terrifying boss and toxic work environment

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Duimpies
Posted (edited)

Hi, 

So my wife has managed to secure a job in Canada, she is already there and working on a Work Permit basis. Her work permit is restricted to her current employer and to the province shes in. We were so exited for this opportunity...... and then its just gone pair shaped since arrival 

 

On her first day she was told that she wont be doing what she was hired for , but doing something totally different to her NOC skill set and job offer. Her boss is very abusive (language wise) and her whole working experience/environment is a night mare in short. Its not a healthy work environment... its toxic. She is petrified of him. (example - Give you an idea you hired to do IT, then you end up mixing cement for 60pct of the day). Now I understand as an immigrant you need to suck it up and work from the bottom up, but one can only take so much. I know one can report him to cic but that will just create further problems for her self , he could make her life very difficult... then what 

 

My question is ,can she look for another job , to get out of that toxic environment (with in her NOC skill set). Can here restricted permit and PNP be transferred over to another company. If so, how can this be done. Whats the turn around time ? Can she continue with current job until new permit is issued , as she needs income to live on that side ( I am still waiting for my permit) The CIC site is very vague on explaining it 

 

We unfortunately need her working for the PR application as she has the PNP points, my score would not allow us to apply for PR

 

 

I am really concerned for my wife's well being , what makes it worse I am still here. 

 

feed back on this would really appreciated 

 

 

regards 

 

 

Edited by Duimpies

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OutOfSa

Holy !  ***** 

That is an insufferable set of circumstances.  

It does not matter where you are in the world, there's some a...hole willing to prey on helpless people.

Most of us suffered abuse, but mild by comparison to what your wife is having to deal with - plus the anguish of being away from home.  

The employer knows you are desperate, so he's using that to keep your mouth shut.  We all know it's super hard to get a job here from SA, so the temptation might be to try and hang on to get a PR.  Unfortunately, how much damage will this inflict on your wife?  She might get such a bad feeling towards Canada that she won't want to live here?  

I think the first thing I would do, would be for her to find and consult a labour lawyer.  (It may be expensive, but there are lawyers here that work for free until they have won the case.)  That way she can get some sound advice and not work from unknowns.  This guy should definitely be reported, but as you say, you don't want to blow your chances. 

Once a lawyer has been consulted, maybe she needs to call this ***'s bluff and perhaps coerce him into being civil, the penalties for what he has done are not trivial.   Also, if you decide to let it all go to hell, maybe you can walk away richer for the pain, and seeing buddy shutdown with a huge bang.  Labour lawyers are just a phone call away. 

As terrible as it sounds, perhaps she can turn this to her advantage.  Collect information starting today, photo's sound clips and any paper work she can.  We have learned that the right documents presented at the right time can win a war.  

Canada is a harsh place, but there is also a great empathy and fairness to be found.  You guys need to decide how to tackle this and how you use it to win what you want.  

Good luck, I hope you beat the bejeebers out of this rat !  - Sometimes we need to fight, and sometimes not, only you guys can decide.  

 

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/vulnerable-workers.html

 

 

 

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Duimpies

thanks , will fwd her the link and what she must do 

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Nelline

My husband was in a similar position when he landed here on a WP in 2013 - though it sounds as if the abuse your wife is suffering is worse. Within a week he knew the "positive slant" given when he initially came over for the interview, would not be the norm. For example, he was forced to start his shift at 5am, but because the vehicle they gave him as part of his salary was needed until the end of the working day, he had to "hang around" until 5 or 6pm, and unless he worked on he was told he was not a "team player" - I can give numerous other examples.

We stuck it out for 19 months and he applied for another job, got it, had to go through the whole WP application again, we moved and never looked back.

THERE IS HOPE. But I support consulting a labour lawyer as suggested above. Then you know where you stand.

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Nelline

This is why - when people ask if it's better to land with PR or on a WP - that my answer is that PR is better. There's something about "taking advantage of people who have no choice in the matter" that is awoken in some people (read: some employers) and it will always be like that, for some. We had a similar experience in the UK.

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Duimpies

Thanks Nelline , unfortunately we had to do the WP first , as the employer wanted her like yesterday there.  Whats made things worse is, we did  hers separately to speed the process up, my daughter and mine is in processing now ... so we will be luckily to together by end Sept if one goes on the CIC turn around time (14 weeks). Not easy on the family especially on a young child that does not totally understand where her mommy is , its been a month already !

 

Ok , so she can actually look for other work , they would just need to go through the same process as whats happened now ! That's good to know 

 

 

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Nelline

Google Occupational Health and Safety at Work - every province has something like that. It also covers bullying, harassment and violence at work. One of the especially "protected" parties are people being targeted due to their immigration status... there might be something there that can help her.

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Duimpies

Thanks Mary Jane , link not opening thou 

 

regards 

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Duimpies
On 7/5/2019 at 12:55 AM, MaryJane said:

Yes, definitely she can look for another job and the WP can be transferred over.

Here's how to change employers: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1201&top=17

Thanks Mary Jane , link not opening thou 

 

regards 

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Nelline

Opened fine for me, maybe try using a different browser?

 

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YolandaB

This is such a bad situation to be in @Duimpies, we are so sorry to hear that!

Do you mind telling us what province she's is? Also if she had to get a LMIA for her situation or was she selected under a "express entry" PNP route?

There might be a better easier way to "get away from that jerk"!

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Duimpies
6 hours ago, YolandaB said:

This is such a bad situation to be in @Duimpies, we are so sorry to hear that!

Do you mind telling us what province she's is? Also if she had to get a LMIA for her situation or was she selected under a "express entry" PNP route?

There might be a better easier way to "get away from that jerk"!

Hi Yolanda, 

British Columbia, lmia exempt,  Job offer PNP route, work permit is restricted to employer, the pnp has no restrictions

 

Well if there is please let me know! Quicker one can get working on it, the better. 

 

 

Regards

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YolandaB

Hi @Duimpies,

I take it she already has her PNP, but tell me is it Express entry PNP or skilled worker? If its express entry she should get her PR in a few months. 

What line of work is she in?

 

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Duimpies

Skilled worker PNP , we busy with PR application now , should be lodged by month end 

Marketing, communication specialist 

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