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Top 10 Essential Things People Ask Employment Lawyers

How does it feel when you suddenly get to know that your post doesn’t exist at all? Or on a fine morning, you get to know that you are getting a sudden salary cut? The first thing comes at your mind is whether you have any right at your office. To know how to deal such things in life, here are 10 questions you should ask while appointing an employment law lawyer.

  1. Can I be Transferred without My Consent?

You can’t be transferred unless you have signed a contract with your lawyers and allow them to do so. Any unauthorized transfer can go in favor of you and you can take the legal step. But, you should also remember that a unilateral transfer for a comparable position is usually accepted.

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  1. Can my employer cancel or modify my insurance policy or pension benefits?

No, an employer can never cancel or modify these things unless you get the prior notice about the mention of such rights of your employers on the Employee Handbook or on the employment law contract of yours that you have signed with your company.

  1. What step to take if my manager harasses me?

There are human rights legislation and the recent health and safety amendments which will play on your side if your employer harasses you. You can also get the law on your side if the harassment comes from your clients, managers or from your co-workers as well. What you need to do is to file a written document to the supervisor desk and then place complain at the HR desk.

  1. Can I get overtime if I am paid an annual salary?

If you are paid hourly or get an annual salary, you can get overtime pay on the regular rate for each hour of work. You will get the overtime for excess 44 hours every week.

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  1. How many letters will I get before I am fired?

There is no number of verbal or written warnings before firing you. But, if your performance is constantly going poor, you can be terminated without any notice.

  1. Can I get fired for not matching my targets?

Yes, you can. But, the progressive discipline is required initially in regards to the terms of the employment law contracts.

  1. Can I be fired if I’m sick for long period?

If you are on leave for a long period than mentioned, you can be fired. But, before that, the employer will take your condition at your consideration.

  1. Will my employer return my post after returning from maternity or paternal leave?

You can be reestablished to the position that you held presently if the post exists.

  1. How to use legal rights if I am fired without any cause?

It is subjected to the terms of employment law contract and you are given statutory notice.

10. Can I compete with my employer once I resign from the post?

Usually, the Court never tends to enforce non-competition agreements if it is not in the context of the sale of a business where the seller keeps on working with the buyer.

So, once you get answers to these questions, you can secure your employment law post more effectively.

How Long the Sponsorship Process Take?

You have migrated to Canada some years back and now you are planning to bring your loved one to Canada. Well, IRCC allows permanent residents of Canada to bring their partner or other family members to Canada through sponsorship programs. Even a Canadian citizen can sponsor their family members to come and stay in Canada.

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Doing Away with the Uncertainty

Immigration lawyer states that nothing can be worse than staying without the family members or partner. Many people don’t know when they will be able to bring their loved ones to them and stay with them permanently.

At this point, many people might think that only married couples will be able to bring their spouse to them and stay together. However, it’s not the case. One can also sponsor their parents, grandparents, adopted or dependent child as well.

The Canadian government offers different kind of sponsorship programs. With the help of the various sponsorship programs, the permanent residents of Canada can easily bring their near and dear ones to Canada.

 

Different Kind of Sponsorship Programs

There are two common sponsorship programs available in Canada. They are:

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  • Family Class Sponsorship

It is a type of sponsorship program that allows a person to easily reunite with their families. In fact, the Canadian government allows a permanent resident or even a Canadian resident to sponsor their parents, grandparents, children, and others to come to Canada and gain permanent residence easily.

  • Spousal Sponsorship

Immigration lawyer points out that this kind of sponsorship program falls under the Family Class Sponsorship program, but spousal sponsorship immigration program is slightly different. It allows permanent resident of Canada to bring their foreign partner, such as common-law partner, conjugal partner, and marital partner to Canada.

 

Requirements for the Sponsorship Program

Before applying for a sponsorship program, one needs to follow some pre-requisites. They are:

Requirement for the Sponsor

  • The sponsor must be 18 years of age and must be a permanent resident of Canada.
  • The sponsor should not face any charge of serious offence.
  • The sponsor hasn’t sponsored anyone to Canada for the last 5 years.

Requirement for the Sponsored Person

  • Immigration lawyer states that the sponsored person must be 16 years of age.
  • The sponsored person must be closely related to the sponsor.

Time Frame

IRCC states that in order to process the sponsorship application 12 months is usually needed, from the date of receiving the application. However, the time can take much time if the application is not properly filled. Hence, it’s better for an applicant not to miss out any points of the sponsorship immigration form.

Immigration lawyer makes it clear that this doesn’t mean that the processing will go fast if the application is duly filled. It can also depend on the workload of the visa office at that particular point of time. Before submitting the form, it would be better if it’s reviewed by a professional lawyer.

In order to know about the processing time of family class sponsorship or spousal sponsorship program, consult a Immigration lawyer immediately. They will guide you through the entire process till the application gets approved. Read more about the overall expenses of Canadian Immigration here!

How to Waive the Labor Market Impact Assessment

Emigrating efficient but pocket-friendly labor from the third world countries can be good for the health of a company. Sometimes, however, receiving a positive labor market impact assessment is not easy. Fret not. The experts of immigration lawyer Toronto can show you the ways where you can easily waive the need for the labor market impact assessment. The fact that you can waive the assessment does not mean that you can also waive the need to have a work permit. All the avenues that let you to waive the labor market impact assessment require the companies to get a permit for working in Canada legally.

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Significant Benefit

There are certain situations where you must obtain the labor market impact assessment report. But in other cases the visa officers of Canada are generally flexible in assessing the situation whether they should issue a work permit without any labor market impact assessment. This way is known as the significant social or cultural benefit to the officers of immigration lawyer Toronto. The officers check whether the foreign entity can offer significant expertise in their own field of work. The past endeavors of the foreign person are most important in gaining the acceptance of the visa application.

Self-Employed Persons

The exemption of the assessment is generally offered to the persons who want to enter Canada for a short time span, just to operate an existing business or to start a new business. The executives of immigration lawyer Toronto suggests that the person who already has applied for permanent Canadian residence may get the benefit of this opportunity.

Transfers

The companies can transfer their workers internally without getting any labor market impact assessment. The worker required to be a manager or executive and the country that the company belongs to must have a good relationship with Canada.

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Dependents

The immediate family of a worker who already got a Canadian work permit and work as a skilled labor do not need the labor market impact assessment.

French Speaking Workers

The executives of immigration lawyer Toronto advices that people who were recruited through the event known francophone immigration promotional which was coordinated in between the Francophone minority community and the federal government of Canada, do not need the labor market impact assessment.

Academics

The people who are working I the fields of academia do not the positive assessment for their visa to be granted.

Provincial exemption

Workers who got a permanent residence in a province of Canada and who also got a job offer could waive the assessment to become a factor in the visa process.

Reciprocal Employment and Charitable Work

The countries to which the government has a reciprocal employment agreement could waive the labor market impact assessment.  The executives of immigration lawyer Toronto can explain to you the nitty-gritties of the work that can be deemed as charitable. They can also help you to get a work permit for the charitable work in Canada. The people who work in the system of religion and spread the belief of religion in the community where he or she works can also apply for a Canadian visa without the labor market impact assessment.