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Live in Caregiver, relocation in another Province

Malena

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Jul 9, 2012
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Hello to all,

My question is : can I relocate from one Province (Alberta) to another (Ontario)?

I have been working in Alberta as Live in Caregiver but would like to relocated. If that is allowed what I need to do?

Thank you very much
 

doquer83

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Apr 26, 2011
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you definitely can.first thing to do is give a notice to your current employer.
 

Malena

Member
Jul 9, 2012
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Thank you for replay.

Anyway, I think that is not first thing what I should do. If I do that I could be in trouble. They can fired me and I could be without job.

Some other suggestions?
 

doquer83

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Apr 26, 2011
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actually they cannot fire you when you give a notice bec it means that you are the one who is quitting the job. =)
do you have a prospective employer in Ontario?
 

Malena

Member
Jul 9, 2012
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No. I just thinking about that. First I need to fin employer. What after that? New work permit? New LMO?
I am wondering will someone be willing to do that... And one more thing -- I wanna relocation not because this family is bad or something. I wanna relocated because here social life is dead and day after day I am in the mood to quit everything and back in my country after all what I did to come here.
Because of that I wanna give myself another chance. I wanna work and I like children. But after work is big gap. I like Canada but I would like to be in some city which is more like Europe. :)
 

Leon

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Jun 13, 2008
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Do you have the money to relocate to Ontario and to hang around there while you look for a new employer and wait for them to be able to get an LMO so you can apply for a new work permit? If you do, you can give your notice, quit and go to Ontario. You have the right to stay in Canada for as long as your work permit is valid.

However, if you do not have that kind of money, you should start using your time off to look for another job so you can set it up before you give your notice. That way you can minimize your loss of income because you minimize the time you are not working while you change employers. Once you have a new work permit, you may no longer work for the old employer because the new permit invalidates the old.

You can see a lot of ads here: http://www.jobbank.gc.ca/res-eng.aspx?ProvId=06&kwd=caregiver&OpPage=50&Stdnt=No Some of those people already have a caregiver in mind and are just advertising to fulfill LMO requirements but you can try it. You can also try craigslist, see http://toronto.craigslist.ca/search/?areaID=25&subAreaID=&query=caregiver&catAbb=jjj or try here: http://toronto.kijiji.ca/f-jobs-child-care-W0QQCatIdZ47
 

wsongco

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Nov 7, 2010
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Malena said:
No. I just thinking about that. First I need to fin employer. What after that? New work permit? New LMO?
I am wondering will someone be willing to do that... And one more thing -- I wanna relocation not because this family is bad or something. I wanna relocated because here social life is dead and day after day I am in the mood to quit everything and back in my country after all what I did to come here.
Because of that I wanna give myself another chance. I wanna work and I like children. But after work is big gap. I like Canada but I would like to be in some city which is more like Europe. :)
try move to montreal

http://www.youtube.com/watch?v=BcVFSUpAF6Q
 

Malena

Member
Jul 9, 2012
13
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Leon said:
Do you have the money to relocate to Ontario and to hang around there while you look for a new employer and wait for them to be able to get an LMO so you can apply for a new work permit? If you do, you can give your notice, quit and go to Ontario. You have the right to stay in Canada for as long as your work permit is valid.

However, if you do not have that kind of money, you should start using your time off to look for another job so you can set it up before you give your notice. That way you can minimize your loss of income because you minimize the time you are not working while you change employers. Once you have a new work permit, you may no longer work for the old employer because the new permit invalidates the old.

Thank you. So, first I have to find a new employer, than work permit, than I have to tell current employers that I will leave? What about LMO? Do I need a new LMO? One more thing: Do I need to tell reason why I made a decision to change place and family?
 

Leon

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Jun 13, 2008
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Malena said:
Thank you. So, first I have to find a new employer, than work permit, than I have to tell current employers that I will leave? What about LMO? Do I need a new LMO? One more thing: Do I need to tell reason why I made a decision to change place and family?
1. Find a new employer

2. Wait for the new employer to get an LMO which could take a couple of months.

3. Apply for a new work permit, online or through the mail. Processing times right now 38-40 days, see http://www.cic.gc.ca/english/information/times/temp.asp

4. Give your notice in writing a little before you expect to get the new work permit because once you get it, you can no longer work for the old employer. If you are working there less than 2 years, you can give notice a week early, if it is more, then it is 2 weeks. You do not have to tell them why you quit.
 

Malena

Member
Jul 9, 2012
13
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Thank you Leon. Everything what you said I found very helpful.

Also... I have another question about something different. I tried to find answer on nett but there no any.

This is mu issue:
My employers tells me that they will have day of from their jobs next Friday. They
also tells me that I will have that day off too ( I do not want day off ) but they do not want to pay me for that day because they do not need my services -- and because of my monthly payments they want to take my overtime to
'cover' that day.

I think that is not right and do not feel good about that.

Do you know what law says in this case or what rule is when they do not need me?
I was thinking what will be if they will have 7 or more days off and do not need my services on those days? What will be with my salary in that case and in that case my overtime hours would not be enough to 'cover' all that days.

Hope you will help me with answer.
 

Leon

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Jun 13, 2008
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In Alberta, an employer is allowed to lay people off temporarily if they do not need their services. If they were to go by the book, they would let you know in writing. I do not think they can use your overtime to cover the day off unless you have an agreement with them to bank your overtime. Banked overtime means that you do not get your overtime paid out, they however keep a note of how many hours they owe you and try to give you time off instead.

If you are banking overtime, the law states that if they are unable to give you time off for the overtime within 3 months of it being worked, they must pay it out at 1.5 times your regular hourly rate.

If you have no agreement with them to bank your overtime, they should pay you for your overtime at 1.5 times your hourly rate each pay period but if your services are not needed and you have an extra day off, you would not be paid for that day.

You can look for the rules on temporary layoff here: http://www.employment.alberta.ca/documents/Termination-of-Employment-and-Temp-Layoff.pdf and overtime hours here: http://www.employment.alberta.ca/documents/Overtime-Hours-and-Overtime-Pay.pdf Special rules may apply for live-in caregivers. There is a phone number at the top there you can call if you are not sure about something.
 

Malena

Member
Jul 9, 2012
13
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Thank you very much Leon. I do not have time right now to read those links but I will do later.

Just quick remark: they also told me that my overtime will be pay like regular hours, not 1,5 time. They said that Live in Caregiver is part of Domestic jobs and Domestic overtime should not be pay 1,5 time.

Like I said I do not have time now but I will check it later. Do you know more about that. Seams to me that law is unclear about that.
 

Leon

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Jun 13, 2008
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They could be right about the overtime pay. There is another page about domestic employees here: http://www.employment.alberta.ca/documents/Caregivers.pdf

However, if you are not sure about something, do call the number at the top of those pages. They will explain the law to you and make sure your employer is respecting the law.
 

lucybear05

Star Member
Mar 17, 2012
105
3
I beleive the rules on paying overtime at a rate of 1.5 times the regular wage rate do not apply to nannies.

As for whether they can decide to randomly not provide you with a regular day or work and wages - I believe one of the conditions of the LMO and/or the employment contract required in order to get the LMO is essentially a guarantee to provide you with 44 hours of work per week. I could be wrong on this, but that's my understanding. So in my view it is not appropriate to randomly force you to take days off without pay...