Contract under new (closed) work permit.

[zarge]

Hello everybody,
I came to Canada under a IEC internship (to Montreal, QC). Everything went relatively well until my original work permit was about to expired.

My company started the process to get a new one and the lawyer told me I would be under implicit status, so I can stay and work normally.

However I signed a job contract to start the process. The contract says it starts on November 30, 2019. But I got my new work permit on January 31. After I got it, they start to pay me the salary stipulated on the contract.

I am asking for the payment of the new salary for the months of December and January, but my company told me they could do that because I was under implicit status.

Now I think I understand that what I needed was a job offer, not a job contract. As the contract is something binding I believe to be right asking for the payment of those months, but I am not sure.

This is what I found about the implicit status:

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until we decide on your application.

As the old work permit only mentions the location, the company and the job , but not the salary. I am not sure what are "the same conditions".

I went to a labor lawyer on December because an issue I had with my company, they were asking me to sign a letter saying that if I left the company I will pay them the legal expenses of bring me here (basically the work permit).

The lawyer told me that penal clauses are legal in Quebec, but they can't force to sign something I don't want. But also it mentioned something about my current contract, as they haven't started to pay me, I don't have to comply with the contract.

What I understood was as a contract is a agreement between two parties, if one party doesn't comply, the other doesn't have to comply neither.

So my question is: Do you thing I am right asking for the money of December and January (because that is what said the contract), even if my company try to misleading me saying they can't because I was under implicit status ?

Thanks.

 

[k.h.p.]

You should focus on advice from a labour lawyer; you need that kind of support right now. There's a few things at issue. They cannot legally make you pay their costs of an LMIA, and a contract you sign stating that is wrong. Additionally, if your contract stipulated a higher wage at a certain date, a labour lawyer can provide you best advice.

 

[zarge]

You should focus on advice from a labour lawyer; you need that kind of support right now. There's a few things at issue. They cannot legally make you pay their costs of an LMIA, and a contract you sign stating that is wrong. Additionally, if your contract stipulated a higher wage at a certain date, a labour lawyer can provide you best advice.

Yes , I understood that an employee can't pay (or reimburse) that kind of fees. I was surprised when the lawyer told me that it is legal in Quebec, and show me the specific article. But I think in this case is a little bit more dedicated.

And yes I think I will contact him again to talk about the contract. Thanks.