live in care giver - employer give time off

[pek000]

Hi everyone!

I really need help with this question. I started working with my employer in August 2011 and i expect my 2 years contract to end in August 2013 so that i can apply for open work permit. Since there will be no school, my employer said she will give me time off in June. since i will be out of work, would my 2 years will still be completed in August despite i won't be able to work for July and August. i want to apply for open work permit as soon as I complete my 2 years. Thanks. I appreciate your replies

 

[amikety]

Is this in your contract? It sounds to me like your employer is trying to be cheap OR is trying to hire a replacement early. Either way, she either needs to follow your contract and give you hours as promised or terminate you as stated in the contract.

If this isn't in the contract, she would be in violation.

You need to explain to her that you need to follow the contract and work for July and August so you can meet your PR requirements (because, NO, if you're short hours, you won't get the OWP!!!). Tell her nicely that you committed two years to her family so you could make a better life for yourself in Canada. Tug at her heartstrings...

If she still tries to give you time off, I would ask a legal professional for their opinion on your contract. However, don't tell her you're seeking legal help or what she's doing is illegal... that would give her time to legally terminate you early. You can either call immigration offices and ask for a free consultation, contact a woman's immigrant group to see if they have legal services, or if you went through an agency, see if there is someone there you can talk to that will keep your discussion confidential.

You could also call CIC and see what they have to say about it. I'm under the impression, however, that in order to hire a LCP, you must guarantee hours in the contract and you must give those hours unless proper termination notice is given.

 

[Pro_Public]

If its temporary lay-off, and you will be going back to work for her, IMO, yes, your 2 years has to be recalculated and you will need to continue counting after the lay-off. But, if you have over time hours, you can add up to 390 hours to see if you can meet the alternative of 3,900 hours.

 

[amikety]

If its temporary lay-off, and you will be going back to work for her, IMO, yes, your 2 years has to be recalculated and you will need to continue counting after the lay-off. But, if you have over time hours, you can add up to 390 hours to see if you can meet the alternative of 3,900 hours.

Thanks for adding this. I couldn't remember the exact number of hours to save my life.

I'd check into this first. If you'll qualify with overtime, I'd apply as soon as you have proof. Get the OWP and let that family figure their own issues out.

 

[pek000]

Thanks guys for replying!

My 2 years should be completed in August 2014. For last year, She gave me off from December 22, 2012 to January 6 2013. She then told me I will be off again from mid June to August. Now, she want me to continue working with her after my contract expire in a part time basic. get kids ready in the morning for school and get them from the bus stop after school, which would be about 4 hours per day. She want to know about my decision so she can plan ahead of time. I don't know what should i decide since i won't have an open work permit to work elsewhere and I have responsibilities.

 

[amikety]

Thanks guys for replying!

My 2 years should be completed in August 2014. For last year, She gave me off from December 22, 2012 to January 6 2013. She then told me I will be off again from mid June to August. Now, she want me to continue working with her after my contract expire in a part time basic. get kids ready in the morning for school and get them from the bus stop after school, which would be about 4 hours per day. She want to know about my decision so she can plan ahead of time. I don't know what should i decide since i won't have an open work permit to work elsewhere and I have responsibilities.

Ugh, this woman sounds like my sister-in-law's former employer!

Would you consider finding a new job? I know you'd probably have to sign a new contract for a year, but at least you'd have stable employment for a year.

I have a feeling she's going to keep pushing you around as long as she can.

As far as next school year, that's a long time away. I would just tell her you don't know yet, but you will decide by summer (or whenever you feel comfortable).

If you can, see if you can get in contact with immigration services and see if they have free legal advice. Ask to see their lawyer and go over the contract with him or her so you know what you are legally entitled to. We have one here in Calgary downtown and most cities have one too.

 

[pek000]

Thanks guys for your advises. You're the best.

 

[lucybear05]

I agree this woman sounds like a jerk! You have to make a living, and she committed to employing you full-time for 2 years. She is cheaping out and being rude by giving you tons of time off. My husband was off work during the Christmas holidays for 2.5 weeks, and the nanny said she didn't want any time off, so we said fine - no time off. We paid her for the whole time, and she worked most of it, either helping my husband with our son, or doing some cleaning and laundry, etc. if my husband and son were doing something together. We consider it our obligation to provide her with steady, full-time work. That is the promise we made, and she has to make a living, feed her family (who she supports in the Philippines), etc. I would think it was very wrong of us to refuse to provide her with work.

Telling you that she won't give you work for literally months during the summer is ridiculous! It is also very likely a breach of your employment contract. But honestly, if she decides she doesn't want a full-time nanny anymore (and it sounds like that is what she's thinking) then she could just terminate your employment under the terms of the contract, and go find some local babysitter to work part-time for her meeting with the kids at the bus, etc.. If she does that, then you are out of work anyway.

If I were you, I would simply start looking for a new employer. Go find someone who wants and needs a full-time nanny. Not someone with a bunch of school age kids who really only needs someone part-time for an hour or two here and there.

Good luck to you!

 

[job_seeker]

Well said

I agree this woman sounds like a jerk! You have to make a living, and she committed to employing you full-time for 2 years. She is cheaping out and being rude by giving you tons of time off. My husband was off work during the Christmas holidays for 2.5 weeks, and the nanny said she didn't want any time off, so we said fine - no time off. We paid her for the whole time, and she worked most of it, either helping my husband with our son, or doing some cleaning and laundry, etc. if my husband and son were doing something together. We consider it our obligation to provide her with steady, full-time work. That is the promise we made, and she has to make a living, feed her family (who she supports in the Philippines), etc. I would think it was very wrong of us to refuse to provide her with work.

Telling you that she won't give you work for literally months during the summer is ridiculous! It is also very likely a breach of your employment contract. But honestly, if she decides she doesn't want a full-time nanny anymore (and it sounds like that is what she's thinking) then she could just terminate your employment under the terms of the contract, and go find some local babysitter to work part-time for her meeting with the kids at the bus, etc.. If she does that, then you are out of work anyway.

If I were you, I would simply start looking for a new employer. Go find someone who wants and needs a full-time nanny. Not someone with a bunch of school age kids who really only needs someone part-time for an hour or two here and there.

Good luck to you!