HR Home Forums Community Is my employee entitled to work for me or stay employed when he can not provide evidnece of work permit application

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  • Conner Lantz
    Keymaster
    Post count: 4836

    This questions is for BC Employee hired with a study permit and able to work 20 hours per week decides march 2019 that he has to work FT elsewhere due to his practicum requirements and not able to work his current shift. Employee allowed him to remain as a n active employee and not on leave or quit at he was willing to work some hours outside of hi practicum. He did not work any hours during practicum and did not contact employer once he was done his practicum in July. Employer contacted him found out it was not able to work as he did not apply for his work permit as of yet. The employee applied for work permit in August did not communicate to employer and does not have proof he applied. No evidence he can continue to work for me. Legally can I end his employment without cause or severance due to the fact that he can not provide evidence that he is entitled to work in Canada? Once he gets his paperwork in order we can then look at rehiring him but do not want to keep him employed for another few months or longer when he is not working any hours.

    Conner Lantz
    Keymaster
    Post count: 4836

    I have no knowledge of immigration laws but what I do know is that employers are not only allowed but required to verify that employees are eligible to work in Canada. So, assuming that the study permit you originally relied on to verify his eligibility has now expired, you can and must insist that he provide new evidence of his eligibility to work in Canada. But here’s where my ignorance of immigration law gets in the way. I’m just not sure what the rules are for these bridge situations when an employee is between permits and whether they’re entitled to a grace period. But even assuming that they are, the employer would surely have the right to require verification that the employee has applied for a work permit or other authorization to work in Canada and that failure to provide such verification would be just cause to terminate without notice, severance, etc.
    Again, this is just the educated guess of one lawyer who knows employment but not immigration laws. To the extent this scenario involves a hybrid of both laws, relying on it is probably inadvisable. Still, I hope I at least helped clarify the employment law aspects. Glenn

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