Pay rate different in Job offer letter and LMIA

[er.ashishsaini.89]

Hi need some help.

My employer offered me job at a pay rate of $27/hr, I accepted it and signed the offer letter and employment contract. Later when he handed me LMIA, pay rate mentioned on LMIA was $45/hr. When asked about this to my employer, he said pay rate in LMIA is just a formality and I will be paid only $27/hr.
Is this legal to mention higher pay rate in LMIA to get it approved and pay less to the employee because he signed the contract earlier?

 

[Naturgrl]

Hi need some help.

My employer offered me job at a pay rate of $27/hr, I accepted it and signed the offer letter and employment contract. Later when he handed me LMIA, pay rate mentioned on LMIA was $45/hr. When asked about this to my employer, he said pay rate in LMIA is just a formality and I will be paid only $27/hr.
Is this legal to mention higher pay rate in LMIA to get it approved and pay less to the employee because he signed the contract earlier?

Yup. Employer may have needed to show average wage (don’t know NOC) to get LMIA. Have you applied for the work permit? You will have to include your employment letter and LMIA which will show wage discrepancy.

 

[er.ashishsaini.89]

Hi @Naturgrl, thanks for replying.
yes that's what he said, they needed to show high wages to get LMIA. NOC is 0911.
They have filed the work permit application through a consultant. Will this discrepancy create an issue with work permit application?

 

[Naturgrl]

Hi @Naturgrl, thanks for replying.
yes that's what he said, they needed to show high wages to get LMIA. NOC is 0911.
They have filed the work permit application through a consultant. Will this discrepancy create an issue with work permit application?

It could if in Your application your consultant lied and said you are getting $45/hr.

 

[er.ashishsaini.89]

It could if in Your application your consultant lied and said you are getting $45/hr.

What if he mentions $27/hr in work permit application but LMIA is of $45/hr

 

[Naturgrl]

What if he mentions $27/hr in work permit application but LMIA is of $45/hr

If your letter says you will get an amount not even close to approved LMIA, IRCC may question the discrepancy since the employer lied and has no intention to pay that salary.

 

[er.ashishsaini.89]

If your letter says you will get an amount not even close to approved LMIA, IRCC may question the discrepancy since the employer lied and has no intention to pay that salary.

Ok thanks @Naturgrl for your valuable inputs

 

[scylla]

Hi @Naturgrl, thanks for replying.
yes that's what he said, they needed to show high wages to get LMIA. NOC is 0911.
They have filed the work permit application through a consultant. Will this discrepancy create an issue with work permit application?

You should expect the work permit will be refused.