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Live in caregiver, change family

Giuliana

Star Member
Oct 8, 2008
55
0
Hello,
since july I have been started under the live in caregiver program. So I am taking care of 2 children and I live in the house with theyr parents.
Now, I would like to know somethingm if possible, can I change the family if the things don't work at all?
Or the opposite, if they don't want me anymore, can I be recollocate in another family to finish my 24 months?
Please, I need help.
Thank you,
Giuliana
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Giuliana said:
Hello,
since july I have been started under the live in caregiver program. So I am taking care of 2 children and I live in the house with theyr parents.
Now, I would like to know somethingm if possible, can I change the family if the things don't work at all?
Or the opposite, if they don't want me anymore, can I be recollocate in another family to finish my 24 months?
Please, I need help.
Thank you,
Giuliana
Yes you can look for a new employer. Where are you in Canada?

http://www.cic.gc.ca/EnGLish/work/caregiver/extend-stay.asp#change

Changing jobs

You can change employers for personal or other reasons. Your HRSDC-Service Canada centre may have information about available live-in caregiver positions. You will not be deported for looking for another place to work.

In this section, read about:

* the work permit for your new job
* the contract for your new job.

The work permit for your new job

You can only work for the employer named on your permit. You must get a new work permit before you begin working for someone else. You cannot even work for someone else just to try things out, without a valid work permit. Your permit to work in Canada could be cancelled if you work for anyone other than the person named on your work permit. Read about Applying for a work permit under Working in Canada on the left-hand side of this page.

Your future new employer must get a job confirmation letter from HRSDC-Service Canada before he or she can hire you. Your future employer must give you a copy of the confirmation letter and you must include that copy of the confirmation letter with your application for a new work permit.

If your work permit is about to expire and your future new employer has not received a job confirmation letter from HRSDC-Service Canada, send your application to renew your work permit and a letter of explanation to the Case Processing Centre, Unit 202, Vegreville, Alberta, T9C 1X5, at least 30 days before the expiry date of your work permit. Do not let your work permit expire.

The contract for your new job

You will need a new contract with your new employer.

Before you leave your present job, get a record of employment (ROE) from your employer. Only your employer can get and complete this document. See instructions for your employer in Information for Canadian Employers on the right-hand side of this page. The ROE shows how many weeks you have worked and how much you have earned. Keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary time to apply for permanent resident status. Your employer cannot refuse to give you an ROE. If you have difficulty getting your ROE, contact your local HRSDC-Service Canada centre and ask officials to contact your employer.
 

Giuliana

Star Member
Oct 8, 2008
55
0
Thanks for you reply. Yes I am in Canada right now. Can I ask you more please?
Next year my empoyeer told me that she wants to get low my paid,because next year my hours of worksare going to be less than 50 per week like now.
Can she does that to me?In the LMO is written 42.5 hours per week.So if I do less hours ,then I could have problems for the application for permanent resident at the end of 24 months?
I hope that you understand what I said.
Thank you so much,
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Giuliana said:
Thanks for you reply. Yes I am in Canada right now. Can I ask you more please?
Next year my empoyeer told me that she wants to get low my paid,because next year my hours of worksare going to be less than 50 per week like now.
Can she does that to me?In the LMO is written 42.5 hours per week.So if I do less hours ,then I could have problems for the application for permanent resident at the end of 24 months?
I hope that you understand what I said.
Thank you so much,
Which province of Canada are you in? There are caregiver associations that may be able to help you. What is written in your contract?
 

Giuliana

Star Member
Oct 8, 2008
55
0
I live in toronto right now, we are going to sign the contract this week. becauseshe always told me that the contract was the LMO, but I don't think it's right. So I told her that we have to sign the contract this week.
But If I would like to change the family, I have to start all over again from my country?What it your best suggestion?
Thank you for your patience and time
Thanks,
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Giuliana said:
I live in toronto right now, we are going to sign the contract this week. becauseshe always told me that the contract was the LMO, but I don't think it's right. So I told her that we have to sign the contract this week.
But If I would like to change the family, I have to start all over again from my country?What it your best suggestion?
Thank you for your patience and time
Thanks,
No you don't have to start over from your country. You actually need to find a new employer in Toronto, if that's where you are, sign a new contract when you find one, new employer files for LMO for you, you send application to CPC-V. It does take a while to process though. Don't quit your job yet though. Find an employer first, and let them file an LMO for you. When you have your new LMO, give notice to your employer, usually 15 days.

Please read these carefully.

http://www.liveincaregiverprogram.com/

Changing jobs

Occasionally, live-in caregivers have reason or need to change employers. You do not need permission from your present employer to accept a job as a live-in caregiver with a different employer. You cannot be deported for quitting your job or for looking for other employment as a live-in caregiver. You should be aware that it is your responsibility to find a new employer. Your HRCC may be able to provide information about available live-in caregiver positions.

Your new employer must have the offer of employment confirmed by an HRCC. Include a copy of the HRCC's letter, which confirms the confirmation of the offer of employment, with your application for a new work permit. You must get a new work permit before you begin to work for your new employer. You can get an application guide for your work permit by contacting the CIC Call Centre or by visiting the CIC Web site.

If your work permit is about to expire and you have not yet found a new employer, or the HRCC confirmation has not been processed, send your application to renew your work permit and a letter of explanation to the Case Processing Centre, Vegreville, Alberta, T9C 1C1, at least three weeks before the expiry date of your work permit. Be sure to include your file number, full name and date of birth, and keep a copy for yourself. Do not allow your work permit to expire, even for one day. It is your responsibility to keep your work permit valid.

Working for anyone other than the employer named on your work permit is illegal. You cannot accept trial employment where a new employer offers to "try out" your services for a few weeks or months to determine if you would be a suitable full-time employee. Trial employment is also illegal for an employer. Under the Live-in Caregiver Program, unauthorized employment will not count toward the two-year employment requirement to apply for permanent residence in Canada.

Thinking about quitting?


You will improve your chances of getting another job if you have worked in one job for a considerable period of time. Before quitting your job (unless there are problems of abuse) you should try to solve your work problems by talking about them with your employer. It is reasonable for you and your employer to revise your contract periodically to be sure that it is suitable to both of you. Talk with your employer before taking any action to quit your job. If you decide to quit, give your employer enough notice so that arrangements can be made for your replacement. Check your contract to find out how much notice you have agreed to give your employer. However, you are encouraged to leave a physically abusive situation right away.

Breaking the contract


If you leave your job, your employer must provide you with a record of employment (ROE). Only your employer can get and complete this document. The ROE shows how many weeks you have worked and how much you have earned. You will need this record to apply for EI benefits. If you are not applying for EI benefits, keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary length of time to apply for permanent residence as set out in the Live-In Caregiver Program regulations. Your employer cannot refuse to give you a record of employment. If you are having difficulty getting your ROE, contact your local HRCC and ask officials to follow up with your employer.

Remember that if you change jobs, you must have another contract with your new employer.

Any live-in caregiver who decides to live out, or who accepts any other type of employment, can be disqualified from the program.

If you lose your job

If you need to apply for EI benefits, contact the HRCC nearest you. You will need your record of employment to collect these benefits. If you have not yet received your record of employment, you can still apply for EI. You will be expected to find a new employer as soon as possible. If you wish to apply for permanent residence after you have worked for two years as a live-in caregiver, the two years of work must be completed within three years of your arrival. Periods of unemployment can delay the date on which you can apply for permanent residence and could also cause you to exceed the three years within which you must complete your two years of work.


Here's a list of caregiver associations. Find someonbe who might be able to assist you.

Appendix E Live-in caregiver/domestic worker associations
Contact list
You can contact any of the following groups to get more information about your rights as a live-in caregiver in Canada. These groups can answer your questions about working conditions, employee-employer relations, changing jobs, job loss or abuse. They can also help you learn more about your new community and how to meet people. You do not need your employer's permission to contact these groups.
West Coast Domestic Workers Association
119 Pender Street West, Suite 302
Vancouver, British Columbia V6B 1S5
Telephone: 604-669-4482 Fax: 604-669-6456
Web site: http://www.wcdwa.ca
e-mail: wcdwa@vcn.bc.ca

Philippine Women's Centre
Kalayaan Centre
451 Powell Street
Vancouver, British Columbia V6A 1G7
Telephone: 604-215-1103 Fax: 604-215-1103
Web site: http://pwc.bc.tripod.com
e-mail: pwc@attcanada.ca

Committee for Domestic Workers' and Caregivers' Rights
789 14th Street East
Vancouver, British Columbia V5P 1H9
Telephone: 604-874-0649 Fax: 604-874-0649

Association des aides familiales du Québec
1750, rue Saint André
Montreal, Quebec H2L 3T8
Telephone: 514-272-2670 Fax: 514-272-7156
e-mail: aafq@aafq.ca

Canadian Coalition for In-Home Care

12 Irwin Avenue
Toronto, Ontario M4Y 1K9
Telephone: 905-849-6520 Fax: 905-849-6921

Toronto Organization for Domestic Workers' Rights (Intercede)
234 Eglinton Avenue East, Suite 205
Toronto, Ontario M6G 1A5
Telephone: 416-483-4554 Fax: 416-483-9781
e-mail: cds@pofbwr.org
 

dben

Star Member
May 29, 2009
74
0
All of the aforementioned information is already on the Service Canada abd CIC web sites!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
dben said:
All of the aforementioned information is already on the Service Canada abd CIC web sites!
Yup, got them from two or three sites. Just showed the OP the info just in case she did not know where to get it from.
 

Giuliana

Star Member
Oct 8, 2008
55
0
Thank a lot,
for all the information, because it was true °I don't know how to get those information. Anyway the situation is like that: I work 50 hours per week and she wants pay me only for 42,5 (hours written on LMO).
If I find a new employeer, then the LMO could contact my employer to see what happened?
I am so sad and so confused right now to what to do......
I have been here since this july and I reallydon't know if I can trust in that family to have my goal at the end.
Thank you ...a lot
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Giuliana said:
Thank a lot,
for all the information, because it was true °I don't know how to get those information. Anyway the situation is like that: I work 50 hours per week and she wants pay me only for 42,5 (hours written on LMO).
If I find a new employeer, then the LMO could contact my employer to see what happened?
I am so sad and so confused right now to what to do......
I have been here since this july and I reallydon't know if I can trust in that family to have my goal at the end.
Thank you ...a lot
No, I don't think new employers (if and when you find a new one) normally contact previous employers. But if you would be changing employers be sure to get an ROE from your present employer.
 

Giuliana

Star Member
Oct 8, 2008
55
0
thank you for all your precious information. Now I spoke with her and the deal is that she is going to pay me cash for the other 7.5 hours per week. I hope she put value on her words....I never seen uncorrett behaviour like this. I guess people think that we are stupid..mah! Thank you again.
 

job seeker3

Newbie
Jan 27, 2012
5
0
2 weeks notice or 24 weeks?is it valid?

hi ,i need help in regards of my contract,,i want to quit my job and give a 2 weeks notice to my employer,,i am just 4 months working for her family,,my problem is in my contract,it ststes there in order to terminate my contract it has to be 24 weeks in advance,,but in law there is no 24 weeks notice..if i give 2 weeks notice can she sue me?or is the contract for resignation notice is valid?thanks
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Re: 2 weeks notice or 24 weeks?is it valid?

If that is what is stipulated in your contract then it has to be 24 weeks (6 months!!!!) Why did you not review the contract before you signed it? Giving notice is resigning :) But if there is abuse on their part then you can leave the abusive situation and report them to proper authorities.

job seeker3 said:
hi ,i need help in regards of my contract,,i want to quit my job and give a 2 weeks notice to my employer,,i am just 4 months working for her family,,my problem is in my contract,it ststes there in order to terminate my contract it has to be 24 weeks in advance,,but in law there is no 24 weeks notice..if i give 2 weeks notice can she sue me?or is the contract for resignation notice is valid?thanks
 

job seeker3

Newbie
Jan 27, 2012
5
0
thank you for the reply but i need an answer if she can sue me for the suppose advance notice of 24 weeks,,or by law we should follow the standard procedure of 2 weeks notice,,?can she make me stay if im not happy in my workplace?i feel scared and not happy anymore?if the abused occured 1 month before and i just make this move now,,,would it be a good reason for resigning,,can they accept it?thanks
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Yes she can for breach of contract.

job seeker3 said:
thank you for the reply but i need an answer if she can sue me for the suppose advance notice of 24 weeks,,or by law we should follow the standard procedure of 2 weeks notice,,?can she make me stay if im not happy in my workplace?i feel scared and not happy anymore?if the abused occured 1 month before and i just make this move now,,,would it be a good reason for resigning,,can they accept it?thanks