I'm trying to assist in a complicated situation regarding some non citizens who work alongside my son, and seem to be getting abused by their boss; but I don't know the ins and outs of employment law, especially for those here on LMIA and/or international students with work visas.
This is happening at a Drug Store in Ontario that was bought by a new owner about a year/year and a half ago and these changes have all happened within that time frame:
LMIA workers in supervisory positions are only getting paid $17.00 and hour- minimum wage in Ontario is $17.20 base rate and supervisors are generally paid more for the extra responsibilities. LMIA supervisors are getting less then minimum wage while generational Canadians are getting their proper mandated raises- no performance based raises are ever issued.
LMIA workers and international students have to come into work for one full hour before their shift begins and work doing odd tasks for that hour before they punch in for their actual shift- the boss does not have generational Canadians coming in early for unpaid work, only those new to the country have that expectation.
Prior to that ⬆️ one hour free labor, the boss was docking pay by 15 minutes for every one minute someone was late to their shift- again only people new to the country, not generational Canadians.
Shifts longer than 8hrs- that extra free hour is only part of the problem, non citizens are being expected to work longer then the 9hrs (8hrs + free hour) regularly, and often off the clock just to "help out" for free.
No OVERTIME- because they're not clocked in for these mandatory free hours or their "helping out" hours, non citizens are not getting paid the overtime they deserve and are due. The LMIA hires are more often then not working 10hr shifts- one free hour before clocking in and another free hour after they clock off; but Candian citizens are not asked or allowed to work any overtime.
No new local hires- as positions become vacant the store is filling them with people on LMIA. As seen above the LMIA hires are being badly exploited for both free and reduced labor.
Promotions only going to non citizens- as supervisory positions become available they are being given to the newer hires already here on LMIA or on new LMIAs coming in specially to work for this employer, and generational Canadians who have been there much longer are being passed by, seemingly so the boss can exploit these other workers.
Breaks being taken away- a newly appointed supervisor is now trying to take breaks away from ALL employees. The 15 minute breaks are what's being targeted currently, and this time they're trying to take them from citizens as well- the non citizens had their 15s taken away long ago, and some never had them to begin with.
Working while on breaks- many of the LMIA hires (women specifically) are being told they have to work through their breaks. They aren't getting the 15 minute breaks at all, and are told to work while they eat during their 30. No additional breaks are given for extended hours either.
Please Help‼️
I don't know enough about employment law for non citizens and from what I've read some of the payment standards can be different; but I don't believe the boss is entitled to free labor, and I'm fairly certain that non citizens are still entitled to the same breaks and overtime pay as citizens.
How do we deal with this in a way where the vulnerable people who are here on LMIA won't be negatively effected?