change employer live in caregiver

[Giuliana]

Hello everyone,
I think I wrote about my problems with my employer and now again we are talking about the same. Today she sold me that she doesn't wanna pay me by hour anymore (before it was 10 cad per hour per 42,5 hours) but now she wants me to work from 7.30 am to 7.30 pm for 1200 cad....
I told her that this is absolutly not right and she replies that all the other families treats the filipinos like that, because they are desperate and they do everything. I am Italian and I think that this is impossible in a Country like that, otherwise I would stay in my country. Now I think that I am done....I guess I am going to change family to complete the last year.
Would you please what I have to do? And plus, I have this problem too: When I came in Toronto I came trought Buffalo so, they gave me the work permit to work as a nanny for 1 year, because they said that their office doen't give work permit for 2 years, even if my lmo if for 2 years...so now i think july 12 I have to go there to renew, but What is goign to happen now if I have to change my employer?
Thank you guys for you amazing support.....
I am so SAD!!!
Giuly

 

[job_seeker]

Look for a new family/employer. Sign contract with the new employer, new employer files for LMO. Once new LMO arrived, apply thru CPC-V or go thru Buffalo again. BTW, that is illegal, what they are doing! That is 60 hours of work per week! And I am sure that is a violation of the contract.

Hello everyone,
I think I wrote about my problems with my employer and now again we are talking about the same. Today she sold me that she doesn't wanna pay me by hour anymore (before it was 10 cad per hour per 42,5 hours) but now she wants me to work from 7.30 am to 7.30 pm for 1200 cad....
I told her that this is absolutly not right and she replies that all the other families treats the filipinos like that, because they are desperate and they do everything. I am Italian and I think that this is impossible in a Country like that, otherwise I would stay in my country. Now I think that I am done....I guess I am going to change family to complete the last year.
Would you please what I have to do? And plus, I have this problem too: When I came in Toronto I came trought Buffalo so, they gave me the work permit to work as a nanny for 1 year, because they said that their office doen't give work permit for 2 years, even if my lmo if for 2 years...so now i think july 12 I have to go there to renew, but What is goign to happen now if I have to change my employer?
Thank you guys for you amazing support.....
I am so SAD!!!
Giuly

 

[Giuliana]

Thanks for your reply....yes
On monday I have an appointment with an agency for live in caregiver...so we are going to talk about change the empoyer, absolutely...I can stand anymore...I choose the Canada for the justice and for the civile people...not for that....
She needs to give me only the Record of the employment right?And Do you know If I have to write a letter to tell her that I quit the job?
For sure she is not respecting the contract, because we signed for 10 cad per 42 hours and half for 24 months...
and she said...if you don't do that, it means that you don't wanna do sacrifice to reach your goal.....
I don't think so!
Thank you
Giuly

 

[job_seeker]

Thanks for your reply....yes
On monday I have an appointment with an agency for live in caregiver...so we are going to talk about change the empoyer, absolutely...I can stand anymore...I choose the Canada for the justice and for the civile people...not for that....
She needs to give me only the Record of the employment right?And Do you know If I have to write a letter to tell her that I quit the job?
For sure she is not respecting the contract, because we signed for 10 cad per 42 hours and half for 24 months...
and she said...if you don't do that, it means that you don't wanna do sacrifice to reach your goal.....
I don't think so!
Thank you
Giuly

Give your employer two weeks notice as mandated by the labour laws (you're in Ontario?). There are some people who take advantage of situation. But not all Canadaians are like your employers. Let him/her find somebody who would take whatever they dish out.

 

[Cindy2010]

That is awful and illegal !!!!!!!! You should report her !!!!!! She doesn't deserve to have a live-in caregiver!!!!

 

[Giuliana]

thank you for your support guys...Today I gave her the notice the I am leaving in 14 days.....now I have to find someone else.....
I will let u know ...\
thanks again
giuly

 

[Quickquestion]

Best of luck! Please report her after you leave. She is a terrible employer that is clearly taking advantage of foreign workers just because she thinks she can. This is terrible but I'm sure just the tip of the iceberg. If you suffered any damages from this crazy lady, you should be compensated.

.labour.gov.on.ca/english/es/pubs/is_fn_epfn.php

If you have any questions about this information, or believe you have not received your rights and want to make a claim to the Ministry of Labour, please contact the Employment Standards Information Centre at (416) 326-7160 (toll-free at 1-800-531-5551) or, for the hearing impaired, at TTY 1-866-567-8893. You may also visit .labour.gov.on.ca for more information or to download a claim form. You can also get an EPFNA claim form at a ServiceOntario Centre. To locate the Centre nearest you, please call 1-800-267-8097.

You have three and a half years to file a claim for your rights under the EPFNA. There is no limit on how much money can be recovered if an order is issued under the EPFNA.

 

[Giuliana]

I will thank for your advices..but how can I prove that she told me to change the contract and that she didin't want to pay me?

 

[Quickquestion]

Document the times, occurrences and conversations you had in a detailed summary log. If you have any correspondence from her via email, save those too. Call the labour number for more help.

Verbal contracts are binding just tougher to enforce. That's why logging down conversations and unilateral decisions are important.

Good luck

 

[Quickquestion]

Jobseeker,

There is no labour law that requires an employee to give two weeks notice.

The employment standards act does say that an employer (not an employee) needs to give an employee that has worked longer than 3 months, a minimum of 2 weeks notice (up to a year, depending on length of service) or pay in lieu, before terminating the contract without cause.

Good luck

 

[job_seeker]

Jobseeker,

There is no labour law that requires an employee to give two weeks notice.

The employment standards act does say that an employer (not an employee) needs to give an employee that has worked longer than 3 months, a minimum of 2 weeks notice (up to a year, depending on length of service) or pay in lieu, before terminating the contract without cause.

Good luck

Hi,

Was basing my suggestion on the stipulation of the caregiver contract (if it was stipulated on the OPs contract)

Notice of resignation

Should he/she wish to terminate the present contract, the EMPLOYEE agrees to give the EMPLOYER written notice thereof at least _______ weeks in advance. The parties agree to abide by provincial/territorial labour/employment standards regarding written notice of resignation.

It is recommended that a copy of the relevant portions of provincial/territorial labour standards be attached as an appendix.

http://www.cic.gc.ca/english/work/caregiver/sample-contract.asp

And I think it is the proper thing to do. Not all provinces have the same labor laws ( http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/18notice_of_individual_termination_of_employment.shtml) and I thought Ontario is one of the provinces that require the given notice.

 

[Quickquestion]

If the employer violates the contract, notice by the employee is not required, as per the employment standards act and any provincial employment code

Also the link you included specifically says NONE/NO notice is required by the employee if wages are reduced, etc.

 

[Giuliana]

thank you guys for your relevant info...
Tomorrow is going to be my last day..... I found another family..and I am going to start the process with them...
I am so sad only for the kids.
Question. My work permit expires the 1 agoust...my family is coming next week and we want to go for a vacation out of the country.
Can I do that or I am going to have problem when I come back? And plus do you think I have to write to vegreville to tell them what happen and that my work permit is expiring?
What's your best advice?
Thank you

 

[Giuliana]

anyone? I need you advice..please..

 

[Darya2005]

Your work permit has the old family's name on it, that permit is for old family only. You will not be able to leave Canada without a new work permit that is multiple entry. Also, you don't need to explain to Vegreville why you left old family . Also, you do not have new work permit and LMO yet for new family, so technically you are not able to officially "work" for them until you have new work permit.