LCP -Different hours of work with LMO ??

[hohojinho]

hi all,

I am a Live in careigver in Newfoundland. I was worried about working only 30 hours per week. and then something hit me that my LMO says,

Hours of Work, 8 hours/ day, 40 hours/week.

don't I have to work just like my positive LMO says ? my hostfamily told me that they think 30 hours per week is full time job and they can't give me more working hours than that when they need me only as much as that.

I'm very scared of changing my employer, but I do want to work as much as I'm supposed to, so I can get PR safely later. please share your opinions with me !! I'd really appreciate it !!

thanks,

 

[JGK]

Who applied for your LMO? if it was the family that are employing you then they may have misled service canada. If it was an agency that have placed you with this family then you should discuss the matter with them.

The LMO was issued on the basis that you will be paid for 40 hours of work/week. if you're only earning 75% of that then this could be a problem.

 

[hohojinho]

Thanks for the reply !! I think it's kind of both of the family and agency applied for the LMO. and my employer didn't tell agency about this. because they thought it was full time job or something. I just realized that it could be problem since I don't work as my LMO says. so I sent an email about this to the agency. Hope they help me with this !!!

 

[job_seeker]

Thanks for the reply !! I think it's kind of both of the family and agency applied for the LMO. and my employer didn't tell agency about this. because they thought it was full time job or something. I just realized that it could be problem since I don't work as my LMO says. so I sent an email about this to the agency. Hope they help me with this !!!

Talk with them and show them your LMO and contract (for sure the work hours in both are the same). Let them know that they are in breach of the contract. If they still did not give you enough hours then you can give notice and look for another employer. With them, it may take you longer to be able to apply for permanent residency working just 30 hours per week.

 

[hohojinho]

thanks ! I agree. my contract doesn't say about it though. it just says 10 $/ hour. and I emailed to my agency but for some reason I got the automatic response saying they are closed until 9th. hope it's just holidays or something. it's very scary situation. my employer has mentioned that they can't give me more hours than that when they needed me just that much...

 

[hohojinho]

does anyone how things work to change the employer ? I have pretty good relationship with them, and can I work until I find a new employer and get the positive LMO again ? or should I leave if I change my employer ? I hope there is someone who's done this and share their experience with me ! weirdly, my agency is closed until 8th. I'd really appreciate you guys help !!

 

[job_seeker]

Find a new employer then let them apply for a new LMO for you. You can then send your WP to CPC - Vegreville.

http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF
http://www.cic.gc.ca/english/pdf/kits/guides/5553E.PDF

Will try and search for guillana's post. She changed employer because her employer was "shortchanging" her (work more hours but no OT pay, if I remember correctly). You continue working with them till you get your new WP, then depending if your contract specified it about giving notice of terminating your services, give them the notice. BTW have you tried asking Service Canada in your area?

 

[hohojinho]

thank you so much job_seeker ! I really appreciate your help ! I called the caregiver association in Toronto, and she said 30 hours per week is full time job for live in caregivers anywhere in Canada. so I asked her where I can get the document saying about that. she told me that I could find it in HRSDC websites. but I couldn't find about it yet.

and I've called service canada, but they were all like.. hm that's not our department. so I haven't gotten clear answers yet.

I may wait until my agency give me some answers..

and I have one more question, that when I was joining to the agency. they said the total amount fee was 5,500$ but they discounted me as 1,100$ after they got my application. and they said the whole about would be due if I don't keep the contracts or something. I also paid 800$ as deposit, I'm supposed to get it back after 1 year. could they ask me to pay for the 5,500$ if I change my agency for some reason later ? I think I'm not supposed to pay for anything to agencies. it's ridiculous rule.. what do you think ?

 

[chusana]

Better call the immigration to let them know what is going on with you. Tell the Agency that they are not supposed to ask Agency fee.Good luck

 

[hohojinho]

thanks chusana ! it makes me get worried the fact that every time I call CIC. the agents are not that trustworthy, because some people say this and others say that. so I'll wait for my agency's response.. and probably keep looking for the sincere information

 

[hohojinho]

by the way, I think guillana is looking for Quebec immigration information or something ? I wonder what happened to her. I think I've read that she said she found a new employer..

 

[hohojinho]

and sorry guys !! I just found out that both of my LMO and CONTRACT say hours of work as 40 hours per week.. I am very confused..

 

[job_seeker]

thank you so much job_seeker ! I really appreciate your help ! I called the caregiver association in Toronto, and she said 30 hours per week is full time job for live in caregivers anywhere in Canada. so I asked her where I can get the document saying about that. she told me that I could find it in HRSDC websites. but I couldn't find about it yet.

and I've called service canada, but they were all like.. hm that's not our department. so I haven't gotten clear answers yet.

I may wait until my agency give me some answers..

and I have one more question, that when I was joining to the agency. they said the total amount fee was 5,500$ but they discounted me as 1,100$ after they got my application. and they said the whole about would be due if I don't keep the contracts or something. I also paid 800$ as deposit, I'm supposed to get it back after 1 year. could they ask me to pay for the 5,500$ if I change my agency for some reason later ? I think I'm not supposed to pay for anything to agencies. it's ridiculous rule.. what do you think ?

You paid to get the job? That is illegal! Do you have a receipt? You're not supposed to pay anything. When did you arrive in Canada? In Toronto, 30 hrs is full time. NF is 40 hrs per week. Your employer clearly is in breach of the contract s/he signed with you.

 

[job_seeker]

thank you so much job_seeker ! I really appreciate your help ! I called the caregiver association in Toronto, and she said 30 hours per week is full time job for live in caregivers anywhere in Canada. so I asked her where I can get the document saying about that. she told me that I could find it in HRSDC websites. but I couldn't find about it yet.

and I've called service canada, but they were all like.. hm that's not our department. so I haven't gotten clear answers yet.

I may wait until my agency give me some answers..

and I have one more question, that when I was joining to the agency. they said the total amount fee was 5,500$ but they discounted me as 1,100$ after they got my application. and they said the whole about would be due if I don't keep the contracts or something. I also paid 800$ as deposit, I'm supposed to get it back after 1 year. could they ask me to pay for the 5,500$ if I change my agency for some reason later ? I think I'm not supposed to pay for anything to agencies. it's ridiculous rule.. what do you think ?

She does not know what she's talking about. In BC it is 40 hrs per week. In Alberta I think it is 44 hrs per week.

 

[hohojinho]

thanks job_seeker. I really appreciate it ! I joined the agency before 1st of April. and I arrived in Canada on 21st of August. I paid for my flights. it's ok as long as I don't have to pay for the 5,500 $ if I leave the agency. they can't ask me to pay for that, right ?

and, I can't find that it's full time job in Ontario to work only 30 hours/week. I only read maximum 44 hours/week..

So what now ?! I am scared of leaving here and wait for the uncertain future. but I'd appreciate your opinions and advice !! thansk