Restaurant Owners taking a portion of the Tips

[7uongo]

Originally Posted by jolinar of malkshor

Actually there is no cost for the emplyer to apply for her to work for her. The easy part has already been done by her getting here. The new employer would not have to worry about transportation costs to Canada. There is no cost for a Labour Market Opinion application. There are more employers out there than not who know how to get this done now a days. In fact, there are probably a few employers who have open LMO's who can put her name into one of the empty positions. The only cost would be to your friend who would have to apply for a new work permit.

Your friend should know that she is not obligated to work for any specific employer especially since she is being mistreated. She just needs to make sure she does the proper paperwork for a new employer.





If she quits she would not have to get a "visitor visa". She can remain in Canada on the status that she currently has until it expires.

No cost for an LMO? oh... I didnt know that. but wont there be any kind of conflicts of interest if another employer tries to apply for another work visa while she is holding one? Are the other employers obligated to contact her current employer for references?

I only know the basics of how this works and it sounds like you have more experience when it comes to this stuff, so forgive me with my initial 'brush off'.

[jolinar of malkshor]

Originally Posted by 7uongo

No cost for an LMO? oh... I didnt know that. but wont there be any kind of conflicts of interest if another employer tries to apply for another work visa while she is holding one? Are the other employers obligated to contact her current employer for references?

I only know the basics of how this works and it sounds like you have more experience when it comes to this stuff, so forgive me with my initial 'brush off'.

There would be no conflict of interest at all other than if she feels any kind of obligation to her current employer. Personally if an employer did all the leg work to bring me to Canada to work for them, paid me the contractual amount agreed upon and was a fair and decent employer, then personally I would feel obligated to finish my contract before I went to work for someone else. However, as soon as the current employer starts to take advantage of me or my situation (being a foreign worker with limited options) then all bets off. The employer can go F-himself and I would be looking for new work.

Any new employer that your friend would work for is not obligated to call the current employer. It would be no different than you or I who decide to go look for other work while we are currently employed. We can asked the prospective employer NOT to contact the current employer. Usually they don't but sometimes they do, but there is no legal obligation.

As far as the work permit is concerned (a visa is something used to seek entry into the contry) the government doesn't care who anyone works for or how many employers the worker has as long as they are authorized to work for that employer. Your friend could have multiple valid work permits and work at mulitple locations and employers as long as she holds the proper work permit. Also, it is not the employer who applies for the work permit. It is the individual that applies for the work permit. The only thing the employer does is get a positive LMO. Now, sometimes the employer will act on the emplyees behalf to apply for the work permit but the employer would need written consent from the employee to do that.

If your friend really wants to leave her current employer, tell her to go look for other work on her days off. The service industry still needs a lot of help. Just make sure she doesn't start working until she gets her new work permit. And she can keep working at her current place of employment until she gets her new work permit in the mail.