Work permit holders given preference over permanent resident‏

[New_Immig]

I have been working for an Indian company for last 12 years in various countries but mostly in US and India.

Then I became a permanent resident of Canada in April 2011. I requested them for a transfer to Canada and they transferred me to their Canada in August of 2012 and the addendum to the employment contract said it would be for 37 months and since I have been working on a Permanent Resident Status since then in Canada.

Now due to budget constraints, they want to terminate my assignment want me to relocate back to India. My wide skillset and experience in IT could be utilized to perform various active roles that are being filled by work permit holders.

Can they do this where they force a Canadian permanent resident to relocate outside the country and keep the work permit to the job which I am qualified and capable of.

Appreciate your help and guidance in how to deal with this matter.

 

[itstime]

Are you a permanent resident?

I guess they can fire you but they can't force you to move to India. If you have PR you can stay and find another job.

 

[scylla]

They can't force you to relocate back to India. But at the same time, you can't force them to give you a job in Canada. If you don't want to relocate, then don't accept the transfer and look for another employer in Canada.

 

[New_Immig]

Are you a permanent resident?

I guess they can fire you but they can't force you to move to India. If you have PR you can stay and find another job.

Yes I am a PR holder

 

[New_Immig]

They can't force you to relocate back to India. But at the same time, you can't force them to give you a job in Canada. If you don't want to relocate, then don't accept the transfer and look for another employer in Canada.

Let me explain the situation. There are other employees who are on work permit and are being retained by them. But they are letting go of the PR holders as they are expensive. Work Permit holders can be rotated at company's will and also the pay grade is less.

In that case is it justified to retain work permit holders and lay off PR holders within the same company.

 

[scylla]

I think these are two separate questions.

1) The company is free to fire you. They may have to compensate you. But they are free to fire you.
2) As the permits for the work permit holders expire, new LMOs and work permits will have to be filed to prove foreign workers are required for these roles. If Human Resources Canada / CIC approve the LMOs / work permits - then the foreign workers can stay. It's getting much tougher these days for LMO and work permit approvals - especially in certain industries. So just because the company was approved before doesn't mean they will be approved again.

 

[New_Immig]

My original contract with the company has 3 months notice or salary in lieu. Going by that if they do decide to fire me for not returning to India, I should expect 3 months salary as severance.

 

[scylla]

My original contract with the company has 3 months notice or salary in lieu. Going by that if they do decide to fire me for not returning to India, I should expect 3 months salary as severance.

I don't know the answer.

Technically, they may not be firing you. If they are moving your job back to India and you decide not to return to India - then you may be quitting rather than being fired. If you quit, then you won't qualify for the 3 months salary as severance.

Again, unfortunately I don't know the answer.

 

[torontosm]

I have been working for an Indian company for last 12 years in various countries but mostly in US and India.

Then I became a permanent resident of Canada in April 2011. I requested them for a transfer to Canada and they transferred me to their Canada in August of 2012 and the addendum to the employment contract said it would be for 37 months and since I have been working on a Permanent Resident Status since then in Canada.

Now due to budget constraints, they want to terminate my assignment want me to relocate back to India. My wide skillset and experience in IT could be utilized to perform various active roles that are being filled by work permit holders.

Can they do this where they force a Canadian permanent resident to relocate outside the country and keep the work permit to the job which I am qualified and capable of.

Appreciate your help and guidance in how to deal with this matter.

You may want to contact the press about this. It seems like a blatant abuse of the TFW program if the company insists on "importing" foreign workers for a job that there are Canadians/PR's qualified to do. The threat of a little bad publicity always provides a bit of extra leverage during negotiations!

 

[itstime]

You may want to contact the press about this. It seems like a blatant abuse of the TFW program if the company insists on "importing" foreign workers for a job that there are Canadians/PR's qualified to do. The threat of a little bad publicity always provides a bit of extra leverage during negotiations!

I'd contact HRSDC who issues LMOs. If they are relocating/firing PRs and citizens to hire TWPs then HRSDC should know about it. But you have to have grounds for your accusations.

 

[New_Immig]

You may want to contact the press about this. It seems like a blatant abuse of the TFW program if the company insists on "importing" foreign workers for a job that there are Canadians/PR's qualified to do. The threat of a little bad publicity always provides a bit of extra leverage during negotiations!

Yes I agree if push comes to shove, I will go to the press. I want to keep that as the last option to be honest as I dont want my name in media and future employers avoid recruiting me for that reason.

 

[New_Immig]

I'd contact HRSDC who issues LMOs. If they are relocating/firing PRs and citizens to hire TWPs then HRSDC should know about it. But you have to have grounds for your accusations.

I have writen to them and they have provided me a contact number to call. As of yet I have not received any official confirmation about my assignment termination and what options they have for me on the table. But once I have the details I will be calling them.

Can you please tell what does it mean "have to have grounds for your accusations." My situation is because of budget cuts they want to cut resources in the project, and the WP holders are lower paid so they want to retain them and let go of the higher paid. Is that not enough grounds for accusations?

 

[New_Immig]

Can anyone suggest name of an attorney that specializes in this area?

 

[itstime]

Can you please tell what does it mean "have to have grounds for your accusations." My situation is because of budget cuts they want to cut resources in the project, and the WP holders are lower paid so they want to retain them and let go of the higher paid. Is that not enough grounds for accusations?

You have to be able to prove that this is what they are doing or it will be your word against theirs.

To hire a TWP an employer must prove to HRSDC that they can't find a PR or citizen who can do the job just to get the LMO. If you are going to call HRSDC and tell them you need to be able to prove it.