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problem with current employer

ashmine

Full Member
Sep 30, 2012
23
0
hi i am currently work as live in care giver as nanny, i have problem in my current emplyer by not following the contract about the job, and i think it's to much for me to do things that they are asking me to do. so i am thinking to quit my job in my current employer, but they said they want me to go back to my country, since my working visa valid until 2015, i want to ask if it is okey to find me a new employer and possible to get a new working permit.? i am just wondering, since my first employer are the who initiated my working visa, are they have power to deport me even i found a new employer? i don't know what to do, please help me. i am trying to look some option since i am already here in canada, and make all my effort to get here and work here, i just really want to quit my job here in my current employer.

can you advice me what to do.. please.
thanks..
 

VILLAGEHUA

Star Member
Jan 23, 2010
115
0
Hi, ashmine
You don're need to worry if your employer will deport you back to your country. Because they don't have any power to do that. If your work permit still valid until 2015, then you still have time to looking for another new employer. Go craigslist.com and kijiji.com there are some live in caregiver opportunities . Go find a new employer and ask your new employer apply a new for you . When you have a new know then you can renew your work permit. Or go canada immigration website , you will find some information you need.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
If you're here legally, your current employers can't do those things to you. Yes you can find a new employer and get a new WP for as long as your current WP is still valid.

ashmine said:
hi i am currently work as live in care giver as nanny, i have problem in my current emplyer by not following the contract about the job, and i think it's to much for me to do things that they are asking me to do. so i am thinking to quit my job in my current employer, but they said they want me to go back to my country, since my working visa valid until 2015, i want to ask if it is okey to find me a new employer and possible to get a new working permit.? i am just wondering, since my first employer are the who initiated my working visa, are they have power to deport me even i found a new employer? i don't know what to do, please help me. i am trying to look some option since i am already here in canada, and make all my effort to get here and work here, i just really want to quit my job here in my current employer.

can you advice me what to do.. please.
thanks..
 

ashmine

Full Member
Sep 30, 2012
23
0
VILLAGEHUA said:
Hi, ashmine
You don're need to worry if your employer will deport you back to your country. Because they don't have any power to do that. If your work permit still valid until 2015, then you still have time to looking for another new employer. Go craigslist.com and kijiji.com there are some live in caregiver opportunities . Go find a new employer and ask your new employer apply a new for you . When you have a new know then you can renew your work permit. Or go canada immigration website , you will find some information you need.


that they a;ways told me they will rather to deport me once i did'nt finish my contract to them.. so it's okey to find me first a new emplyer before i quit my job to them? what if they sue me for breaking the contract,?
 

ashmine

Full Member
Sep 30, 2012
23
0
thanks for the reply. so even if i decide to quit my job they can't deport me like they was always said to me? i need a new employer that approved by LMO to give me a new permit? what if my current emplyer sue me for breaking the contract?
 

SenoritaBella

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Jan 2, 2012
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1. They do not have the power to deport you and even if they report you, nothing will come of it. You have legal status(work permit valid till 2015), so you can stay until it expires. If they keep threatening you, consider calling 911 especially if you fear for your life.

2. Read your contract - does it say they can sue you for breaking it? There is a reason(s) things aren't going well so, so you will have a chance to defend yourself. There are employment laws which offer protections to employees too.

3. Begin looking for a new employer - post an add on kijiji, contact nanny and aupair agencies, etc. The new employer can file a new LMO and if approved you can get a new work permit. Put more money into savings, just in case you have to quit before finding a new job.

4. If things are so bad, you can hand in your resignation or give them 2 weeks notice that you will be leaving your job. But before you do that, tell some friends about your situation and ask them to check on you, just in case.

I don't know where you live but there are organizations that deal with live-in caregiver abuse and I believe the CIC call centre also has an option to report caregiver abuse.
ashmine said:
thanks for the reply. so even if i decide to quit my job they can't deport me like they was always said to me? i need a new employer that approved by LMO to give me a new permit? what if my current emplyer sue me for breaking the contract?
 

ashmine

Full Member
Sep 30, 2012
23
0
your adviced wasvery helpful in my situation.. thank you so much.. what if i quit my job even i don't have yet find a new employer, so it is okey for me to stay until i found a new employer? because i am thinking f i am allowed to stay if my current work permit might cancel of my current employer, so suppostedly if that is happen, i dont have any working permit. are they have a time frame to find a new employer if ever they allow me to stay until to find new employer? what the best advice you can give to me? find employer first before i quit?
 

SenoritaBella

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02-11-2015
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You can stay until your work permit expires but you can't work for any other employer. If you find a new employer, they have to apply for a LMO for you and if approved, you get a new work permit.
You know your situation best - if you quit before finding new employment, do you have enough savings to get a place of your own? If things are quite bad, perhaps it's not best to continue staying there. Search organizations that deal with caregiver abuse, they would be able to help you. There are also women shelters, in the event that you have nowhere to go.
 

lucybear05

Star Member
Mar 17, 2012
105
3
Hi Ashmine. You are getting great advice here. I just wanted to chime in about your question respecting how much notice you have to give them if you want to quit, and whether they could sue you. Look at your contract. It probably says how much advance notice you have to give. If it doesn't, then call employment standards in your province. Every province has a bare minimum rule on how much notice an employee must give. This rule will apply if your contract does not say anything about this.

But the bottom line is this - they would never be able to successfully get a penny from you if you were to quit, in a case in which they are abusing you, asking you to do things outside the scope of your contract, or anything else inappropriate. So don't worry about that.

As for whether to quit first, and then look for new work, only you can decide. How long can you survive without work. It can take time to find a new job, have that employer get an LMO, and then have a new work permit issued with that employer. So you just need to look at your situation and plan it out. But regardless, start looking immediately. I agree you should look on kijiji.com for your area, and post your own ad on kijiji about yourself and say you are looking for work.

Good luck to you!
 

ashmine

Full Member
Sep 30, 2012
23
0
Thanks for your all replies..it was very helpful.. i will do all your advice.. i am trying to find employer to the website that you gave, but i am still in process to think about it or i will take some more time and talk to them to follow my rights.. because im working for sat sun for free,ven for holidays for free.. my working hour is 9 to 5.. but i start at 7 until night.. until the child get to sleep and they finish they dinner, no overtime paid.. i am live in care giver with light housekeeping. I dont know what that kind of job inside the house that scope of light housekeeping.. can you tell me what light housekeeping do?
 

out

Hero Member
Jun 23, 2012
354
5
that's exploitation already, you are abused with the kind of set-up they impose. as for me i can tolerate overtme without pay for 2 hours daily for regular 5 days. but a set-up like a slave ohhh they should be given a dose of their own medicine...if you dont mind kindly share your whole history - when did you arrive, the exact time you work from start to finish, do they pay statutory holiday and what's the breed - ha!ha!ha! of your employer and what is your nationality...our dear readers would like to know how an employer portraying to be human when it's a monster!
 

SenoritaBella

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Jan 2, 2012
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It is exploitation and they are counting on her not knowing her basic rights. Hopefully she can find a new employer soon and then launch a complaint against her former employer.
 

eilahs23

Star Member
Apr 11, 2011
104
1
Job Offer........
Pre-Assessed..
i just read this. in case they threaten you that they will send you home

Reporting violations
It is against the law for an employer to bully or threaten to send you back
to your country to prevent you from reporting a violation. An employer
or employment agency that attempts this may be subject to prosecution
under the Criminal Code. To report an abuse of this kind call the
Temporary Foreign Worker Helpline at 1-877-944-9955.
 

codi

Star Member
Mar 27, 2012
61
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medical july 24,2012 forwarded to CEM August 01, 2012
ashmine said:
hi i am currently work as live in care giver as nanny, i have problem in my current emplyer by not following the contract about the job, and i think it's to much for me to do things that they are asking me to do. so i am thinking to quit my job in my current employer, but they said they want me to go back to my country, since my working visa valid until 2015, i want to ask if it is okey to find me a new employer and possible to get a new working permit.? i am just wondering, since my first employer are the who initiated my working visa, are they have power to deport me even i found a new employer? i don't know what to do, please help me. i am trying to look some option since i am already here in canada, and make all my effort to get here and work here, i just really want to quit my job here in my current employer.

can you advice me what to do.. please.
thanks..

hi there, we have the same just a bit of your situation with my previous employer way back april2007 to may2009. but because lack of knowledge about everything , like how to process of restoration and lmo and work permit i was overstayed my visa for 6months after the 90days period. i wasnt able to do how to restore my status because i just simply dont know about processing how to do it.i was so scared that time not contact cic or told to a frend about my situation.For almost 2years my employer always threatening me that they have send me back home to philippines. last may 2009 i was trying to find new employer and i found one.applied for an LMO, but since i dont have any idea about restoration i just waited for my LMO to approved ( by my new prospective employer agent)..while waiting on it, they said that i need to have a 3months training for the new prospective employer and i did, they said dont worry evrything is their under control .dont worry about my lmo and work permit and they will process it. after 3months of training i was so scared what happened about my papers, and someone told me that i have to voluntarily leave canada. So, ive decided to go home here in philippines last january2010.

and now after 2years and 9months here in philippines, im trying my luck again to find an employer and luckily i find a new one ,got lmo send to me here. i am currently waiting for my visa right now. i submit my application last june this year.

my question is,,

is there any chance to get me back to canada after my overstay??

pls, i need ur help.. thanks for reply and pls enlighten me about my situation..thanks a lot.. highly appreciated
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
Sorry that you had to go through all that. Overstaying your visa is never good but since you left voluntarily, it will reflect positively on you. No one really knows whether or not you will get a visa(case by case basis), so try to be patient and see what happens.


codi said:
hi there, we have the same just a bit of your situation with my previous employer way back april2007 to may2009. but because lack of knowledge about everything , like how to process of restoration and lmo and work permit i was overstayed my visa for 6months after the 90days period. i wasnt able to do how to restore my status because i just simply dont know about processing how to do it.i was so scared that time not contact cic or told to a frend about my situation.For almost 2years my employer always threatening me that they have send me back home to philippines. last may 2009 i was trying to find new employer and i found one.applied for an LMO, but since i dont have any idea about restoration i just waited for my LMO to approved ( by my new prospective employer agent)..while waiting on it, they said that i need to have a 3months training for the new prospective employer and i did, they said dont worry evrything is their under control .dont worry about my lmo and work permit and they will process it. after 3months of training i was so scared what happened about my papers, and someone told me that i have to voluntarily leave canada. So, ive decided to go home here in philippines last january2010.

and now after 2years and 9months here in philippines, im trying my luck again to find an employer and luckily i find a new one ,got lmo send to me here. i am currently waiting for my visa right now. i submit my application last june this year.

my question is,,

is there any chance to get me back to canada after my overstay??

pls, i need ur help.. thanks for reply and pls enlighten me about my situation..thanks a lot.. highly appreciated