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Help - Something's Not Right and CIC doesn't have the answer?

rels

Newbie
Aug 17, 2009
5
0
My friend is from the Philippines and is here on a Temporary Worker Permit. Here is the relevant points to the situation - note, I just found out about this tonight and it has me quite worried so please understand that I may not have ALL of the relevant information yet, and am just hoping from some wise insight from those of you that have experience in this in the past:

1) She works for a company in Canada under contract.
2) She lives with a number of other women who are also working for the same company.
3) 2 of the women have become pregnant, and as such, have been fired by their employer and "apparently*" are being sent home because of their pregnancies. - to me, this is just wrong, I can't believe that in this great country, someone can be fired and deported because they got pregnant!?!
4) Her company has called a meeting in the morning with all of the other women here on TWVs, and she is concerned they are all about to be let go and sent home because the other 2 women are pregnant.
5) Her current TWP has 1 year left on it.

Now my questions I would like answered:

1) Does her employer have the right to fire her based on the actions of another?
2) Even if her employer does have the right to fire her because of the actions of another, would she be required to leave immediately, or could she find another job? Note: I understand that if she found another job, she would have to have an LMO done, my question is more to the point that if she was fired, would she have to leave no matter what her immigration prospects or other temporary work permit prospects are?
3) It is my firm belief that if the answer to 1 is true, that this is COMPLETELY and UTTERLY wrong and abusive of her and all Temporary Workers and there should be a recourse for them. What options would she have as recourse?

I've already spent the last 2 hours looking through the CIC website and this website as well. I have not found any (whether positive or negative) useful information that would help me gain an informed insight in this situation.

Thank you very much for your time, I would appreciate any and all insight any of you can give!

RELs
 

rels

Newbie
Aug 17, 2009
5
0
Thanks for the quick response. I looked at the site before I posted my questions and that was the best of the information I could find. Unfortunately, it didn't provide much information, in fact, its rules are quite vague about what an employer must do...:

* must pay you for your work
* must make sure that your workplace is safe and
* cannot take your passport or work permit away from you.

She's getting paid,
Her workplace is safe, (though I would not consider the threat of being instantly fired and shipped home at any time even close to safe for her mental well-being)
She has her permit and passport.

My concern is that if I take what is posted as literal, she's got no hope if thats what her employer pulls tomorrow.
 

owenzy

Member
Jul 1, 2009
15
0
the employer cant 'ship her home'.....

She is under contract with her employer, so they have to abide but the terms & conditions of employment as agreed at the time of application & submited to HRSDC & CIC for temp. work permit.
If they breach the contract then she has the LAW, both frederal & provincal on her side, & as well as the option to change her conditions of stay through CIC, which will take time.
It will be best for her to call EITHER CIC or provincial labour office & notify them of the situation with this 'employer'' in any case,since they don't sound to good to work for!

owenzy.
 

rels

Newbie
Aug 17, 2009
5
0
Well, thats music to my ears (or eyes in this case) - I had a feeling it couldn't be that temporary workers could be mistreated so easily. Thanks you SOOOOO much!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Illegal Termination

An employer may not dismiss, suspend, lay off, demote or discipline an employee who exercises his/her rights under the Code’s reassignment, maternity leave, parental leave or sick leave provisions. Nor may an employee be dismissed or laid off because of pregnancy or on the ground that garnishment proceedings may be or have been taken. (ss. 209.3, 238, 239)

excerpt from:
http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/18notice_of_individual_termination_of_employment.shtml
 

owenzy

Member
Jul 1, 2009
15
0
job_seeker said:
Illegal Termination

An employer may not dismiss, suspend, lay off, demote or discipline an employee who exercises his/her rights under the Code's reassignment, maternity leave, parental leave or sick leave provisions. Nor may an employee be dismissed or laid off because of pregnancy or on the ground that garnishment proceedings may be or have been taken. (ss. 209.3, 238, 239)

excerpt from:
http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/18notice_of_individual_termination_of_employment.shtml
was just about to post that as well!!!
:)

owenzy

edit...
as a tfw she is extended the same rights as a Canadian citizen.

also look at....

Guide to Labor and Employment Laws for Migrant Workers in Canada

&
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/inffornat.shtml#ls
 

rels

Newbie
Aug 17, 2009
5
0
I was aware of that law, I was just concerned that for some reason it wouldn't apply to a temporary worker. Again all, I REALLY appreciate your help!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Rels,

All workers are accorded the same right under the law. And your friend can stay for the duration of her work permit, time enough for her to find a new employer and process a new work permit.
 

rels

Newbie
Aug 17, 2009
5
0
I was sure that was the case, but her and the other women are so worried that they've called a meeting tonight to figure out their options. Considering they were so worried, I knew it had to be one of 2 things:

Either she had been mislead by the employer (they're trying to cheat them out of their rights/abuse their willingness to work without complaining about unfair work practices)

or

All the laws I've ever known to apply to Canadian citizens didn't apply to temporary workers.

I wasn't sure, but you all have confirmed my suspicions, and now with some ammunition loaded, I know I can help her now and not give her a false sense of security.

I'm in your debt, and as things progress and I learn more about the immigration process, I will happily contribute back to the community!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
rels said:
I was sure that was the case, but her and the other women are so worried that they've called a meeting tonight to figure out their options. Considering they were so worried, I knew it had to be one of 2 things:

Either she had been mislead by the employer (they're trying to cheat them out of their rights/abuse their willingness to work without complaining about unfair work practices)

or

All the laws I've ever known to apply to Canadian citizens didn't apply to temporary workers.

I wasn't sure, but you all have confirmed my suspicions, and now with some ammunition loaded, I know I can help her now and not give her a false sense of security.

I'm in your debt, and as things progress and I learn more about the immigration process, I will happily contribute back to the community!

Hi Rels,

Has there been any development/news from your friend?