Dear Mr Massood,
I have been a fan of ur previous answers.
I need an imp advice from you.
I am in Canada on a work permit thru a company called A, at a client location called C. I am permanent emp of Indian company called A.
The contract between A & C is that they should not hire each other emp for 2 years.
If I want to work for Client C thru a new employer caled B, can it violate the contract between A & C ?
Thanks
Location: Vancouver, BC, Canada
Posted on: 19-09-05 04:06:18
Most probably yes.
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Massood Joomratty, LLB(Hons), LLM
http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer
http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607
But as I will be an emp of Company C, it does not violate the contract between A & B.
Now if B places me at client location C then it does not seem to violate the contract as I am not hired by C.
C has hired services of B.
Kindly advise
Location: Vancouver, BC, Canada
Posted on: 25-09-05 00:52:20
You should get a lawyer to review the contract and advise you. I'm sure you understand that the work permit issue is a completely different question altogether.
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Massood Joomratty, LLB(Hons), LLM
http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer
http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607
Thanks Mr Massood.
I understand that WP is a different issue for which I had posted a question for you which is unanswered, I would appreciate if you could read the following & answer:
For Mr Massood: (Imp) Work Permit, employer change (client specified as emp on WP)
Dear Mr. Massood,
I am presently on a Work-permit in Canada, Imm applied in Oct 2004.
My Employer is suppose ABC consultancy (india based), who pays me allowance in Canada & salary in India.
The Canadian client i am working for is suppose XYZ.
My work-permit says employer as XYZ (the client) instead of my employer.
If I leave ABC (employer) and join FGH (new Canadian emp) & continue to work for client XYZ thru FGH, will I need a new application for work-permit ?
The conditions specified on WP do not change as it says employer is client XYZ.
Location: Vancouver, BC, Canada
Posted on: 09-10-05 13:32:12
as long as you stay within the confines of your WP, you'll be fine. But I don't understand how you'll be employed by FGH and while XYZ is your employer in Canada. In determining Employer-Emplyee relationship, there are several factors taken into account. One main factor is 'WHO IS PAYING YOUR WAGES".
Anyway, if your WP says XYZ is employer and you're still 'legally' working for them, I see no problem ahead.
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Massood Joomratty, LLB(Hons), LLM
http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer
http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607
This is a good example of CIC stating client as emp on WP not the actual emp.
XYZ is my employer in Canada only on WP, but actually it is a client of my current employer ABC. ABC pays me wages not XYZ.
I will give some facts to explain the situation better:
Present situation:
Indian Employer (paying wages) : ABC India
Client of my employer (ABC) : XYZ Canada
I am working in office of XYZ Canada but I am paid by ABC India. My WP says in employer section : not authorised to work for oother than XYZ Canada !! This is irregular as XYZ Canada is not my employer, but probably CIC has done it as the office in which work for is of XYZ.
New Situation:
I start to work for FGH Canada on contract (FGH becomes new employer).
Client of my new employer (FGH) : XYZ Canada.
Here the client XYZ remains the same and I will work in office of XYZ.
So, analogous to previous situation my old WP is still valid and I do not need to apply for a new one.
Kindly suggest.
