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Supermarket chain grabs passports, coerces immigrant workers, suit alleges.
Claimant arrived from Shanghai
T&T Supermarkets, a chain of specialty food stores serving Asian communities in Canada, stands accused of abusing the rights of foreign workers brought to Canada under a federal program.
In a notice of claim filed with the small claims division of the provincial court of B.C., Gui Qiang Zou claims he was pressured into working longer hours for lower wages than promised after the firm kept his passport and other key documents.
Last month, the federal government made changes to its controversial Temporary Foreign Worker Program. It doubled the length of time some foreign temps can work here, while trimming the paperwork required.
Business groups were enthused, but advocates for foreign workers say the changes expand the possibilities for abuse.
"Temporary foreign worker programs are fundamentally flawed as the temporary nature of migrant worker's status forces them into precarious and unacceptable living and working conditions. Human rights violations are therefore endemic within such temporary worker programs," said Adriana Paz, a spokeswoman for Justicia for Migrant Workers.
Paz called for the government to "grant all migrant workers permanent residency status in Canada so they are better able to defend their rights."
Justicia and another group, SIKLAB-Canada, condemned a proposed government consultation on the Temporary Foreign Worker Program, which had been scheduled for March 1, saying advocates had been denied access. The government cancelled the consultation at the last moment, citing "short notice; invited participants had difficulty in attending."
-- Tom Sandborn
Zou was brought to Canada from Shanghai under a federal program that issues temporary work permits allowing a Canadian employer to hire offshore when it can prove it has been unsuccessful in hiring for a specific position within Canada. Workers entering the country on a time-limited basis under this program are required to remain employed by the company that brings them to Canada, and are not eligible to apply for permanent residence in Canada unless they return to their country of origin and apply from there.
The program, now 31 years old, has doubled in size over the past decade, bringing 145,871 temporary workers to Canada in 2005. Three departments -- Citizenship and Immigration Canada (CIC), Service Canada (the service delivery arm of Human Resources and Social Development Canada) and the Canada Border Services Agency (CBSA)-- work together to manage and deliver the Temporary Foreign Worker Program.
Critics have attacked the program for creating a class of European-style "guest workers" more vulnerable to exploitation than citizens or landed immigrants and denied the privileges and responsibilities of permanent residents.
Unfair practices alleged
Zou, a specialty cook/food product developer from Shanghai, says that he was recruited in Shanghai in November of 2002 and offered work with T&T in Vancouver. His statement of claim, filed Feb. 7 of this year, says that he signed a contract in China that specified that he would be working 40 hours a week at $11.10 per hour regular time and another eight hours a week in guaranteed paid overtime.
At the time, he claims, he was provided with a Chinese language translation of the contract.
When Zou got to Vancouver, the court document says, he was compelled to sign a second employment contract that falsely identified him as a member of management and required him to work on an as-needed basis, with no upper limit on the number of hours he could be required to work and no entitlement to be paid for overtime worked.
Zou, who speaks very little English, also claims the second contract was never translated into Chinese, and that he signed the inferior contract out of fear he would be fired and returned to China.
Further, the court document says, he was compelled to surrender his passport, social insurance card and work permit to management at T&T Supermarkets.
"T&T Supermarkets's custody of the plaintiff's travel documents prevented him from travelling domestically and internationally and deepened his vulnerability to a dependence on T&T Supermarkets," says the statement of claim.
'Widespread and systematic'
The claim goes on to say that the supermarket firm's seizure of Zou's documents is not an isolated incident, but in fact reflects "a widespread and systematic practice of T&T Supermarkets."
The statement says once Zou had re-acquired his documents in order to transfer temporarily to the Edmonton T&T, and refused to surrender them again, he was fired in February of 2006.
In the small claims court action initiated this February, Zou is seeking just over $25,000 to cover payment of wages for the balance of his contract, unpaid overtime, aggravated and punitive damages and breach of fiduciary duty.
The allegations in Zou's statement of claim are just that – allegations -- and have not yet been tested in court or proven.
No comment from T&T
The Tyee contacted the corporate offices of T&T and spoke with Ms. Melina Hung, the firm's media spokeswoman. She declined to comment on the case, citing advice from the company's legal counsel.
"This matter is now before the courts," Hung said, "and we will be defending ourselves there. We have no further comment."
Jason Gratl, the Vancouver lawyer acting for Zou, told The Tyee his client would not be available for an interview, and declined himself to comment, other than to say "our statement of claim speaks for itself."
T&T Supermarkets, according to its website is "now Canada's largest Asian supermarket chain" with eight stores in Greater Vancouver, three in Alberta, and four in Greater Toronto. The principal owners of the firm are Tawa Supermarkets Inc., a California-based chain of Asian food product stores, and Uni-President Enterprises Corp., described on the website as one of Taiwan's top 10 conglomerates.
Bureaucratic checkerboard
As Zou brings his case to small claims court, seemingly relevant federal and provincial bodies are unwilling or unable to intervene in such a case.
Shakila Bezeau, a spokeswoman for Citizenship and Immigration Canada, told The Tyee in a phone interview that her ministry could take no responsibility for Zou or other workers brought to Canada by its program once they were in country.
"Once the work permit is issued and the contract exists between the worker and the employer," she said, "if there is a problem, he needs to go to the Employment Standards Branch of the province, the courts or the police."
Gordon Williams, a spokesman for the provincial Ministry of Labour and Citizen Services, confirms that workers in Canada on temporary work permits are eligible to apply to the Employment Standards Branch for protection on matters of hours of work and overtime and the like.
On the question of seized passports and other official documents, however, the provincial body would not be able to act, he told The Tyee.
"Provincial law wouldn't cover passport issues," Williams said. "That would not be under our jurisdiction. I am not sure how it could be addressed as an employment standards case. If a complaint like this came to our offices, I suppose we might give the employer the benefit of the doubt and call them up to urge them not to seize such documents. But our legislation wouldn't really apply."
Call for 'foreign worker advocate'
Zou's story is troubling to Victor Porter, who manages community outreach programs for Mosaic, a Vancouver organization serving immigrants and refugees.
"I think it is improper for an employer to hold a worker's passport and other documents. This could create a scenario of coercion and fear. It could certainly lead to abuses. This story doesn't surprise me," he said. "It is probably not an isolated incident."
Zool Suleman, a prominent Vancouver refugee lawyer, agrees.
Suleman told The Tyee the practice of employers seizing passports and work documents from workers here on temporary work permits is "more common than we would like, especially with small employers." It is, he said, "a completely illegitimate, although common, intimidation tactic."
Suleman said "Citizenship and Immigration Canada and Service Canada don't do a good enough job of informing foreign workers of their rights," and said there needs to be "a foreign worker advocate" who looks after the rights of immigrant employees with limited training, skills and English.
"I think the best fit for such an officer would be with Service Canada," Suleman said.
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Fiat lux
6 years ago
This is just another typical
EDITED. COMMENTERS ARE REMINDED TO TREAT ALLEGATIONS REPORTEDF IN THE TYEE AS JUST THAT, ALLEGATIONS.
.... There are an alleged 1 million illegal Chinese in New York alone, kept enslaved by their own and nobody dares to touch the slave master criminals, as they are an "important sector of the economy" .
But this is only the beginning. If various fraudulent "free trade agreements" like the GATS and the super NAFTA SPP are permitted to be passed, Canada will be flooded with imported " business persons", otherwise known as slave labourers. ...
Ed Deak.
Chris H
6 years ago
Employment Standards the key
If a third party could make a complaint under Employment Standards these abuses would become way less frequent. The fact that only the employee himself can make a claim that his employer is breaking the law surely cuts down on the number of complaints, but it does nothing to make these lawbreakers accountable. If a neighbour was being beaten by her husband every night you'd surely call the police! A third party should be able to intervene and make authorities aware when someone is breaking the law.
Additionally, if an employer is found to have broken the law, all they are required to pay is what that employee should have received in the first place. This creates an environment where there is really little risk in breaking employment standards.
There shouldn't be anyone considered "second-class" in this country. I am tired of hearing about exploited foreign workers. It's time we had some legislated change to deal with this.
puppyg
6 years ago
T&T
I agree. Our Government is very light-handed with any sector that is generating big taxable revenues.
In the Fraser Valley (where I live rurally), we see shocking exploitation of Indian and Mexican workers in the agricultural sector, especially in berry farming.
I recall one incident a few years ago where an old man had a heart attack in the berry fields. His 'overseer' had him taken to a shed where he was dressed back into civilian clothes and kept for four hours before an ambulance was called. He died, of course.
News later reported that he was not registered as a worker, though his wife was. I can only imagine what he was really being paid. Whatever, the incident passed with nothing further reported. Was punitive action taken? Doubt it.
I shop regularly at T&T, but I am boycotting it now.
Grumpy
6 years ago
Throw them in jail
If the above is true, then the owners of T & T should be charges and if found guilty, thrown in jail.
but I wonder if they are good supporters of the provincial Liberals and the Harper 'goon' squad.
Chris H
6 years ago
Thrown in jail for what?
Under what would they be charged? The problem is our legislation is so weak that there really isn't any risk to what they are doing.
darcy.mcgee
6 years ago
Whatever it takes..
Whatever it takes to keep those Gyoza cheap.
WhatEVER it takes!
Fiat lux
6 years ago
There's no such thing as
There's no such thing as "cheap", because monetary values represent nothing.
The traditional purpose of economic theories has always been to cover up the real, physical costs and transfer them on other sectors, while syphoning benefits off to elites.
Slave labour, esepcially when it is built on ethnic, or religious grounds, is the prime example.
Ethnic societies are, in many cases, virtual snake pits with self made "leaders" ordering their subjects around.
Ed Deak.
Reader11722
6 years ago
Corporations own the world
Every gov't official knows illegal aliens work in T&T Supermarkets but they look the other way because large corporations own Canada. Same as in the US, corporations and gov't are merely quid-pro-quo whorehouses sold to the highest bidder. When the gov't needs illegal wire-taps, Verizon and Sprint allow them secret rooms to listen in on calls. When Haliburton (and KBR) need more revenue, the gov't hands out no-bid contracts. When the gov't dislikes literature, Wiki bans the book "America Deceived". We The People had our gov't (and our jobs) sold out from beneath us.
Final link (before Google Books caves to pressure and drops the title):
America Deceived (book)
BC Dude
6 years ago
The way things are going
The way things are going these days against all workers of BC and Canada we'll all be slaves of the NWO. We as a Free People have got to Peacably start to challenge these so called eilites who are all moneymongers like T&T.
The Federal Government and the Provincial Government are both guilty of allowing slave labour and human trafficing through the Ministeries of Immigration.
Our right to vote is being attacted
http://catherinebell.ndp.ca/page/204
TILMA April 01, 2007 all done behind closed doors?
Where have our basic rights gone?
raingirl
6 years ago
Wrapping the slave-masters in gov. red tape
Seems like it should be a fairly straightforward problem to fix – if the three federal government departments, but in particular CIC, wanted to fix it. I’m not sure if they don’t “want” to fix it because of pressure from business or if it’s just typical federal government inertia. You would think they would want to deal with this now, while it is relatively small scale, rather than wait until it reaches New York proportions.
Firstly, echoing Chris H’s comments, allow 3rd part complaints under the Employment Standards Act and fine those who don’t comply. Easily done with small changes to the Act - smaller changes than those that allowed sponsorship of foreign temporary workers in the first place.
Secondly, CIC should be collecting more information on both the foreign temporary worker and the employer. Eg. ensure that the CIC file for every temporary includes a signed copy of the employment contract in both English and the language of the employee – avoids all “he said/she said” arguments. The initial meeting between CIC and the temporary worker (where they get the visa slapped in their passport) should be conducted in the language of the worker, if not English, and without the presence of the employer. At this time they could also be provided with a simple pamphlet, again in the worker’s language, which outlines their rights & responsibilities and includes a “hot-line” complaint number. Who pays for the extra translators, pamphlets, hot-lines, etc.? How about collecting a bigger visa/sponsorship service fee from those who have the most to gain – those who want to enjoy the economic advantage of employing cheaper foreign labour. Fine those employers who try to pass this fee on to their temporary workers.
Thirdly, enforce, enforce, enforce and fine! If T&T is found guilty in this case, then making an example of them may serve to deter some of the smaller offenders, like the mom and pop berry operations, construction crews, etc. As a big player in the North American market T&T will not be able to defend themselves by arguing that they “didn’t understand the rules”, an argument the small-time “slave masters” love to employ.
Finally, use your voice. If you know a business treats their foreign workers poorly … let them know you don’t approve and will no longer use their services. Boycott. Tell them you will report them (not sure to who yet … but the threat alone may cause them to pause and besides two can play at the “didn’t know” game). Talk to others and make them aware … I guarantee that not many Vancouverites even realize the number of temporary foreign workers in their midst.
… If only it was that simple …
david2000
6 years ago
Opporunity to train unionized Chinese workers
The use of migrant workers can be thrown a loop by training these workers in union organizing before they return to their home countries. BC should become a leading exporter of trained union organizers to China.
Although there are no free trade unions n China (all unions are part of the government's All China Federation of Trade Unions), the recent unionizatio of all Wal-Mart retail stores, the Stella Shoe Factory and the campaign to eliminate the $40 (CDN) fee to file labour complaints with the Chinese Labor Bureau all point towards a free union movement in China.
And bear in mind that it was only until 2001 that China Trade Union Law was ammended to read that unions would represent the "interests of workers". Previously, it was to act only as a "neutral mediator" between workers and management - that is, as a yellow union. Some socialist paradise, huh.
For Mr. Zou and millions of others, they have to actually pay approximately CDN $40 to register a complaint with a local Chinese Labour Bureau. This fee is about half a month's wages or more!
This exorbidant fee is being fought by several migrant worker organizations - mainly by the Shenzhen Migrant Workers Association, in Southern China.
It isn't that Chinese labor laws are scant. Ofetn they are better than BC labour laws. It is more of a case that they are not enforced.
For example, regular overtime pay is time and half; on rest days it is double time and on statutory holidays it is triple time.
And according to Chinese Labor Law, work must not exceed 40 hours/week at 8 hours/day, and there must be a rest day each week. But in a factory in Southern China (Guangdong Province beside Hong Kong) the typical work day is 12 hours/day at 7 days/week during the peak production season.
Minimum wage in Guangdong Province was set in July 1, 2006 at 574 yuan/month (about $80) which works out to about 50 cents/hour but with a 7 day work week, and with one still only receiving the minimum monthly wage, then it can be as low as 10 cents/hour.
And the final issue is non-enrollment of employees into mandatory government social insurace programs such as health care, pension and work-related injuries.
The laws are all there in China, but most Chinese workers do not know what a union is or what a union can do, so workers need trained union organizers to help them assert their rightful claims to overtime and social insurance programs.
Finally, the recruiters for employees at Chinese factories often charge workers over 2 months wages. If BC wants to get tough on migrant worker issues then it would create legislation to protect workers from BC or who come to BC through recruiting agencies. As it stands, a recruiter (employment agent) outside of BC can lie about work conditions for jobs in BC, and the employee has no legal recourse.
It is not just Chinese factory workers who do not get enrolled into mandatory social insurance progams; it is also BC workers who go abroad to China, Japan, South Korea and Taiwan who often work as English instructors etc... who get cheated.
Migrant workers around the world are in the same boat, but the Canadian government refuses to ratify the United Nation Convention on the Protection of Migrant Workers.
Fiat lux
6 years ago
You're right, raingirl, but
You're right, raingirl, but if governments would obey their own laws in this matter, they wouldn't be considered "business friendly" and the multinational mafia would threaten to hold their breaths until they turn blue, and that would cause a stockmarket and political panic.
Read up on the GATS and the SPP/NAU, to see what those plans are for workers. To remain "globally competitive" of course, which excuses everything, as long as profits and stockmarket values grow.
Ed Deak.
raingirl
6 years ago
I'll pass on the cheap Gyoza thanks!
You’re right Ed … I seem to have taken a dose of naivety with my morning coffee.
In the meantime I’ll continue “using my voice” and whatever miniscule influence I have to make others aware of the actions/inactions of government and big business in regards to the misuse of Canada’s temporary foreign workers.
polanco
6 years ago
employment standards
The Employment Standards Act does permit 3rd party complaints. It also permits the Director of the Employment Standards Branch to initiate an investigation in the absence of a complaint. This article and the law suit may generate some pressure on the Branch to investigate T&T. Certainly, the government is not very interested in vigorous enforcement of the Employment Standards Act, as conditions in the Fraser Valley agriculture sector demonstrate. But the public servants read the papers too.
Truman Green
6 years ago
Good work you guys.
Geez, it's a never-ending battle for decency and justice, isn't it.
Chris H
6 years ago
And in practical terms...
"The Employment Standards Act does permit 3rd party complaints. It also permits the Director of the Employment Standards Branch to initiate an investigation in the absence of a complaint."
While it does contain that provision in the Act itself, the procedures and "self-reporting" forms required by Employment Standards make third party complaints pretty much impossible. If a business is breaking employment standards, such as paying their salespeople below minimum wage certain, how do I complain? It would great if the Director set up a "snitch" line to catch these lawbreakers.
Truman: "Geez, it's a never-ending battle for decency and justice, isn't it."
Thanks to individuals who have no problem breaking laws and exploiting people, it is. I've grown-up enough to know that I am not the only person that matters.
Fiat lux
6 years ago
You're dead on Chris.... we
You're dead on Chris.... we may be the next.
I've been sentenced to death by the nazis and to the gulags by the communists, survived by miracles, and have been fighting against all forms of dictatorship ever since.
Including now against the dictatorship of market capitalism, the biggest crime wave in history.
Ed Deak.
darcy.mcgee
6 years ago
Dat's right!
> but they look the other way because
> large corporations own Canada.
The man is keeping us down!
If you oppose the man, you're bound for a life of servitude!
Next someone at the Tyee will tell me that the Raging Granny was put in jail because a judge was in the pocket of the construction interests of the 2010 Olympics.
BC Dude
6 years ago
darcy.mcgee No, she was
darcy.mcgee No, she was arrested for standing up to big forest corporations raping our future and she was given a 10 month jail sentence.
A guy who's not even a Canadian citizen races his $70 thousand car down the road and kills an innocent woman and gets 2yrs house arrest? duh
This is our so called justice system, I sure hope not, as that just takes/erodes a bit more of our Democratic Rights away.
T&T should be fined big time in the hundreds of thousands of $'s
dave49
6 years ago
The Theory Vs. the Practice
This is a great example of what I call the difference between the theory and the practice. In theory, we live in a democratic country, but the reality (the practice) is these laws are not enforced. The split jurisdictions make the problem worse and mean it is less likely anything will happen. Here we have a foreign-owned corporation "allegedly" exploiting foreign workers they bring into a third country. Pathetic. We make ourselves look like an ignorant backwater.
Meanwhile, our 'justice' system spares no effort and expense to show that one must not oppose the will of the government to host a multi-billion dollar, two-week sports party. Raging Granny Betty does not deserve 10 months in prison for behavior that is effectively 'flipping a bird' to the judiciary!
david2000
6 years ago
3 migrant workers die near Abbotsford
Just a comment on the reporting by the CBC TV today on the 3 farmworkers who died in a car crash...
The reporter made it sound like the average Punjabi farmworker blithely ends up in Canada where cannot speak English and so he has to take these lousy jobs.
Well, it is Employment Standards Act "labour contractors" who organize Punjabi labour and bring them out to the fields. The exploitation of Punjabi farmworkers is systematic, not happenstance.