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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Duimpies

anybody have a Vulnerable employee situation with CIC .... Cause i think we heading in that direction . Its all most 3 months now and things are getting worse.. My wife just heard from a third party that they feel its not working for them and they wanting to let her go??? like wtf.... hired to do one job , but told upon arrival you doing something that has no correlation to what the job offer says ......... then you here that you might be fired from a reliable source....  

They short paying her too on her hours, she suppose to work at least 40 hours a week( as per job offer), they got her working 32 hours one week , and then 48 the other...(no overtime , being that its over  40 hours for the week)) , She questioned it and was threatened..... straight fwd.... this is how we do it , if you don't like leave ..... Like WTF ... You cant reason with them.

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Lizelle
Posted (edited)

I can’t comment on any of the work related stuff. But having gone through years of court cases with a seriously crazy family member who made up stuff, what I can tell you is proof counts for a lot. 

Have her keep a journal (write in it every day what happened). You can record stuff on your phone - you don’t need to inform the other party (https://blg.com/en/News-And-Publications/Publication_4539 )  . Get things “confirmed” in email. Try to get as far away from “he said/she said” as possible.

Edited by Lizelle

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Duimpies

Oh , she has market it on her time sheets, what work she does daily, so we have records of that from day one 

 

 

 

 

 

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Blesbuck

We went through the same when we arrived, we worked hard like that for 15 months for an unreasonable guy that until we received our PR.

He didn't mess around with our salaries though

Also in Sidney

Wife was a marketing manager, me in procurement and we had to do hard physical work outside. When we arrived in February in snow with windchill at -10 without the right gear, in summer during the heatwave when it goes to 36C and the rest of the time in the rain. When you go inside at lunchtime you change your soaked clothes and raingear for dry ones for the second half of the day.

It was very hard but I kept supporting and telling my wife we have to vasbyt, going back is not an option

In the end it was worth it

Both of you have to decide what you want and how much you're willing to sacrifice to get PR

Make it the ONLY goal, just getting PR

I don't think it's going to be easy to get another employer willing to take over your work permit

 

N.B. Moenie die fout maak om the dink hulle vriendelikheid is eg nie, veral in die werks situasie. Baie van hierdie klomp op die Eiland is erg skeinheilig. Hulle glo aan "do as I say, not do as I do". En dis wat my kollegas (gebore Kanadese) van Ontario, NFLD en Alberta sê. Van die Eilanders is baie goed, en kan goeie vriende word. Maar moenie hulle vertrou van die intrapslag af nie, kyk eers die kat goed uit die boom uit.

 

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BaliAshmita

OMG!!! it is unacceptable.

she should go to Service Canada office (they have one in every area).  she should take her permit and any documents that she has (ie/ her job offer, and what she does now (this is probably on her paycheques)) and tell them that she wants to look for other employment opportunities in her NOC.

1. They will help her to fix her permit so that she will be allowed to look for other employments and change her employer.  

2. it is illegal to do these things here, and people think they can get away with it because the foreigners won't say anything.  (and unfortunately is it the case for most of the time).

That employer will be in so much trouble!!!

what does she do?

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MaryJane
On 7/17/2019 at 5:18 AM, Duimpies said:

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

Marketing, communication specialist 

Can't remember where you guys are, and what her forte is but maybe this could be of interest to her. Not sure if they will go for the work permit thing, but the big plus is that she's already here if they need to interview... that is, if she's in Toronto. http://www.sacanada.org/topic/22632-marketing-manager-toronto-on/

 

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Duimpies

Hi Mary Jane 

 

thanks , but we in Vancouner 

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