March 11th, 2024 at 12:47 am
Open Work Permit Option for Specific Vulnerable Workers
Consider the Open Work Permit option for vulnerable workers who are being abused at work. These vulnerable employees have employer-specific work permits. They can, however, seek for an Open Work Permit, which allows workplace victims to change employers. In this manner, they will avoid losing their Canadian status.
Overview of an Open Work Permit
An open work permit allows you to work for any business, except for those that either:
- are marked as ineligible on the list of employers who have failed to comply with the conditions.
- Regularly provide striptease, exotic dance, escort services, or Erotic massages
- You can only obtain an open work permit in certain circumstances.
Since open work permits are not job-specific, your employer does not need:
- Employment and Social Development Canada conducted a labour market effect evaluation.
- Proof that an employer has made an offer of employment through the Employer Portal and paid the employer compliance fee.
In most circumstances, the open work permit holder charge must be paid in conjunction with the work permit fee. Check the fee list for the most recent application fees.
Open Work Permit Restrictions
You may have limits specified on your open work permit. Restrictions may include items like
- The kind of work you can hold
- For example, some employment may require a medical exam.
- Where you can work
- For example, if you have an open work visa under the provincial nominee class, you may be limited to working in a specified province.
If you have a restricted open work permit, the limits will be specified on the permit.
Choosing vulnerable workers’ Open Work Permit – Who can select this option?
Workers in Canada with an employer-specific work permit based on the LMIA and who have experienced workplace abuse may be eligible for this programme. Notably, persons may apply if they meet the following conditions:
- Reside in Canada; port of entry applications will not be accepted.
- They hold a valid employer-specific work permit that should not have expired at the time of application. This sort of work permit includes the name of the employer.
- They are currently victims of workplace abuse or face a threat to their employment in Canada.
Work permits issued in accordance with an LMIA are tied to certain employers in a particular industry. Employer-specific work permit holders are not permitted to work for any employer other than the one specified on their work permit. As a result, if a foreign national wishes to change employers, they must apply officially to amend their employment circumstances in Canada.
In contrast, an Open Work Permit allows individuals to work for any employer of their choice in a variety of fields.
Definition of abuse for OWP
Abuse could take many forms, including physical, mental, sexual, and financial. It refers to behaviour that threatens, dominates, scares, or isolates you.
The following sorts of abuse must be reported officially:
- Work in a hazardous or unhealthy workplace might pose physical risks.
- Unclean or dangerous working or living circumstances in an employer-provided environment;
- Sexual contact without your consent.
- Recipient of sexual comments:
- Being a victim of a behaviour that prohibits you from going anywhere.
- If your employer snatches your belongings, prevents you from socialising with your family or coworkers.
- Taking away money from you or the money you received as payment.
- Any act that threatens, insults, or scares you.
- If an employer encourages you to engage in fraudulent acts;
- If a third party makes unreasonable promises or requests money under the guise of offering you a job.
Candidates with a temporary resident visa who are working in Canada, regardless of their LMIA requirement, OWP, or study permit, must recognise that they have the same labour rights and privileges as Canadian permanent residents and citizens.
Candidates must also review listings of businesses who have broken their commitments while hiring a temporary foreign worker through the Temporary Foreign Worker Programme, or IMP. They can look up the list in the government’s directory on the internet.
The procedure of applying for an open work permit for vulnerable workers
Keep the following considerations in mind when applying for an open work permit:
- Ensure that you have all the necessary items while applying. To obtain photocopies of the papers you provide, you will need a camera or a scanner.
- Before submitting your application, carefully review the instructions guide. This guide will help you understand how to complete each field in the application.
- Make sure you have document proof to include with your application. You must include a letter with your application that describes the complete circumstance you are experiencing. It must clearly state the threat you face at your workplace. To ease the process, you must use the accessible digital form.
Evidence requirement
Furthermore, petitioners must provide any other evidence available to illustrate the abuse they may experience. You may include the following forms of proof in your application:
- A report, letter, or statement from an organisation that helps abuse victims. You could acquire these from other doctors, healthcare specialists, and so on.
- A self-reported affidavit or sworn statement.
- A digital copy of a formal report that you provided to an enforcement agency, such as the Canada Border Services Agency or the police.
- A correct copy of your official complaint filed with the provincial government’s enforcement agencies. For instance, an employment standards division.
- Pay stubs, bank statements, and other documents may be sent via email or SMS.
- Photographs depicting injuries sustained in the job or working environment.
- A visual impact statement and eyewitness testimony.
These abuses and evidence are just a few examples. Candidates may, however, present additional evidence relevant to their specific circumstances. Furthermore, if they are unable to upload all the necessary papers online, they can state this in their letter of explanation.
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