Previous LMO work permit，employer reduced my salary last year,Am I screwed?

[andrewhl]

Hi guys
I just realize I may have a hugh problem.
I came to Canada on LMO work permit (before 2014 june)
The salary stated in my LMO and contract is ok. But then last fall my employer reduced my salary a bit so there is an almost 4K CAD difference between my 2015 T4 and the annual salary on my contract/LMO letter
I am really concerned and pissed off by this because I told the company this will jeopardize my immigration but nevertheless they didn't care or really understand this. And there is not much I can do about it because I am basically stuck with this closed work permit.
My question is right now will my 2 year inland working experience still be considered as valid? I still worked 37.5 hour per week. it's just they decrease the bi-weekly salary. I remember LMO requires no change in salary or position , and this really give me nervous.

Any opinion will be appreciated.
thanks!

 

[jes_ON]

Hi guys
I just realize I may have a hugh problem.
I came to Canada on LMO work permit (before 2014 june)
The salary stated in my LMO and contract is ok. But then last fall my employer reduced my salary a bit so there is an almost 4K CAD difference between my 2015 T4 and the annual salary on my contract/LMO letter
I am really concerned and pissed off by this because I told the company this will jeopardize my immigration but nevertheless they didn't care or really understand this. And there is not much I can do about it because I am basically stuck with this closed work permit.
My question is right now will my 2 year inland working experience still be considered as valid? I still worked 37.5 hour per week. it's just they decrease the bi-weekly salary. I remember LMO requires no change in salary or position , and this really give me nervous.

It is hard to say with these few details. Certainly your employer violated the terms of the LMO. The significance of the reduction is unclear, depending on total earnings and where your new wage/salary falls in terms of the median in your area for the NOC.

Reductions in wages/salary would require approval (at the time, a new LMO). IRCC could be concerned that you were no longer performing the duties of the skilled NOC. They could technically determine that you were working without authorization, since the terms of the LMO were not met.

Since IRCC is putting more emphasis on penalizing employers who do not live up to their side of the agreement, I would be worried about further cooperation from your employer (e.g. for the letter of employment / experience letter).

I would say you have good reason to be concerned. At the very least, you should seek a consultation from an immigration lawyer.

 

[andrewhl]

It is hard to say with these few details. Certainly your employer violated the terms of the LMO. The significance of the reduction is unclear, depending on total earnings and where your new wage/salary falls in terms of the median in your area for the NOC.

Reductions in wages/salary would require approval (at the time, a new LMO). IRCC could be concerned that you were no longer performing the duties of the skilled NOC. They could technically determine that you were working without authorization, since the terms of the LMO were not met.

Since IRCC is putting more emphasis on penalizing employers who do not live up to their side of the agreement, I would be worried about further cooperation from your employer (e.g. for the letter of employment / experience letter).

I would say you have good reason to be concerned. At the very least, you should seek a consultation from an immigration lawyer.

the reduction is not that much， I'd say less than 10% of pre tax income
I wonder if I could ask the employer to state the salary adjust and the reason in the employ letter, since its their decision.

 

[jes_ON]

the reduction is not that much， I'd say less than 10% of pre tax income
I wonder if I could ask the employer to state the salary adjust and the reason in the employ letter, since its their decision.

You could ask. But you would be asking them to admit to violating the terms of their agreement with the Federal government.

It sounds like your employer simply does not care, and a rational argument may not compel action. Their best bet, however, is to contact ESDC -
http://www.esdc.gc.ca/en/foreign_workers/employers/employer_compliance.page

http://thechronicleherald.ca/cream/home/1336444-employers-face-more-inspections-and-new-penalties-under-new-temporary-foreign-wor

If they ARE concerned, they could voluntarily disclose.
http://www.esdc.gc.ca/en/foreign_workers/employers/voluntary_disclosure.page?

http://www.esdc.gc.ca/en/foreign_workers/employers/voluntary_disclosure.page?

It is likely they would be "forgiven" and escape penalty if they were willing to make it right (e.g. pay you the backpay that they owe you).

If they don't want to make it right, you are then put in the position of failing to become a PR, or turning in your employer to the Government for non-compliance.

As you can see, it could turn ugly very quickly. That is why I recommend consulting a lawyer.

Before you do ANYTHING, though, get your letter of reference/experience letter from the company.

 

[andrewhl]

You could ask. But you would be asking them to admit to violating the terms of their agreement with the Federal government.

It sounds like your employer simply does not care, and a rational argument may not compel action. Their best bet, however, is to contact ESDC -
http://www.esdc.gc.ca/en/foreign_workers/employers/employer_compliance.page

http://thechronicleherald.ca/cream/home/1336444-employers-face-more-inspections-and-new-penalties-under-new-temporary-foreign-wor

If they ARE concerned, they could voluntarily disclose.
http://www.esdc.gc.ca/en/foreign_workers/employers/voluntary_disclosure.page?

http://www.esdc.gc.ca/en/foreign_workers/employers/voluntary_disclosure.page?

It is likely they would be "forgiven" and escape penalty if they were willing to make it right (e.g. pay you the backpay that they owe you).

If they don't want to make it right, you are then put in the position of failing to become a PR, or turning in your employer to the Government for non-compliance.

As you can see, it could turn ugly very quickly. That is why I recommend consulting a lawyer.

Before you do ANYTHING, though, get your letter of reference/experience letter from the company.

Just talked to my boss
He agreed to pay the difference amount of the salary since last fall's pay cut. Would that be enough? Since the 2015 T4 already shows a slightly less amount, so even I have a huge backpay coming in by the end of this year, the last year's T4 already shows the different payment right?
I am thinking of getting the backpay for all those months in just next eight weeks since my contract and work permit are ending 11.30
And then ask my boss add an explanation such as difficult times in industry(it really is ,though, everyone is getting a slight pay cut)
not sure how to explan such huge amount of backpay to CIC

 

[SecularFirst]

Just curious, your NOC is 4162 economist policy researcher. Are you employed by a company or some government or academic organization ?

 

[jes_ON]

Just talked to my boss
He agreed to pay the difference amount of the salary since last fall's pay cut. Would that be enough? Since the 2015 T4 already shows a slightly less amount, so even I have a huge backpay coming in by the end of this year, the last year's T4 already shows the different payment right?
I am thinking of getting the backpay for all those months in just next eight weeks since my contract and work permit are ending 11.30
And then ask my boss add an explanation such as difficult times in industry(it really is ,though, everyone is getting a slight pay cut)
not sure how to explan such huge amount of backpay to CIC

Well, that's positive. Yes, it WILL have to be explained.

As previously stated, your best bet - and your boss's - is to do a voluntary disclosure with ESDC. That way a legitimate paper trail will exist...