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Promotion having a LMO?

Discussion in 'Canadian Labour Legislation' started by fvidania, Aug 21, 2014.

  1. Hi all,
    I have this situation. I got a raise today at my work, but they say they can't increase my salary due to my work permit. I want to know if that is true and if it isn't, where I can find information about it to show my company.

    I'm under a 2year Work Permit they got for me after the required LMO.

    Any thoughts?

  2. If you want to be promoted to a new position, your employer almost always needs to obtain a new LMO and then you need to get a new work permit. You can't start the new role until you have the new work permit. So accepting the new role under your old work permit and starting that new role while on the old work permit is technically illegal and a violation of the conditions of your work permit.
  3. If they are suggesting that you take a promotion and take on more responsibilities for the same pay, you may want to remind them that according to your LMO and work permit, you are tied to the position you were hired for. In order to promote you, they must get a new LMO for the new position and salary and you would need a new work permit. That would be following the rules in detail.

    However, there are no rules saying that they can't pay you more than the LMO says, they just can't pay you less, and what you do at your employers business is pretty hard for immigration to police so if they would like to unofficially promote you before you get the new LMO and work permit, you may be willing to shift your job duties but of course for the proper salary.

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