By Attorney Henry Moyal
CAREGIVERS MUST BE COMPENSATED FOR OVERTIME WORK
Q. I am a live in caregiver and enjoy reading your article. My problem is that I love this country and I am glad to have this opportunity to better my life. However, my employer expects too much of me and often thinks that overtime is all part and parcel of my job. I work nearly 60 hours per work and at the end of the week I am completely exhausted. I do not want to complain because I’m afraid that he will fire me. Will I have to return to the Philippines if that happens?
A. If you are the holder of valid employment authorization then you do not have to return home if you leave your employer. If that happens, you must find new employment and apply to Canada Immigration for a new work permit. Regarding your work schedule, I suggest that you speak to your employer and make him aware that you are aware of your rights. You should also call the Ministry of Labour to get specifics on vacation pay and wages worked for overtime. As far as I know, you deserve to be paid for overtime for any hours worked over 44 hours per week.
You should also be aware that your complaints are not uncommon and unfortunately many caregivers are subjected to the same work load and abuse. Many are also afraid to complain. Hopefully, by being armed with some information and knowledge of your rights your employer will respect your job and ease your work schedule. Good luck.
Q. Do you know if there is any update on the law that allows Canadian Citizens to sponsor any one relative regardless of the relation?
A. As was mentioned several months ago, the Minister of Immigration first thought of introducing a law that permitted a “one time ” chance for Canadian Citizens to sponsor any one relative abroad. Her announcement sparked alot of interest and excitement because it meant that brothers and sisters could be sponsored. Unfortunately, the proposed change in the law was cancelled and there has been no news on reviving it. It was mentioned in the NDP party’s election campaign but no news yet from the Liberals.
Q. I am a visitor in Canada and I recently received a notice from the local Canada Immigration Centre that my visitor visa extension request was denied. They told me to leave immediately. What does immediately mean? I need to buy a ticket and settle some affairs here. What will happen if I do not leave soon?
A. It appears that the Canada Immigration Centre has determined that your purpose for entry into Canada as a visitor has been satisfied. In my experience, the letter you received is a form letter which may or may not be relevant to your situation. It no doubt quotes that you are no longer a bona fide visitor and that you must leave Canada immediately by giving the included blue voluntary departure notice to the Immigration Authorities upon your departure.
Although there is no specific date mentioned and there is no specific time frame defined under the word “immediately ” my experience with speaking to immigration officers is that you should leave Canada within 30 days. If you do not, enforcement action may be commenced against you which can include a warrant for your arrest.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email canada@moyal.com
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