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question about POLO contract Addendum for live-in caregiver - Philippines

ISO3200

Newbie
Nov 18, 2011
3
0
I am an employer in the late stages of a foreign worker application and was surprised by this POLO addendum. An LMO was issued and my employee now has her visa for Canada. For my worker to exit the Philippines, I have to sign the POLO addendum. One of the stipulations is "Termination shall only be for cause". To me, this means that I cannot lay my employee off. Is this correct? What if I get laid off from my own job and I can no longer afford a live-in caregiver? Am I stuck with my employee? Terminating with cause implies misconduct on the employee's part (e.g., theft) but I don't want to just terminate with cause and get sued for wrongful dismissal.

What would happen if I sign the POLO addendum, my employee lands in Canada, then I release her anyway (i.e., terminate without cause). Does POLO have jurisdiction over our employment standards?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

ISO3200 said:
I am an employer in the late stages of a foreign worker application and was surprised by this POLO addendum. An LMO was issued and my employee now has her visa for Canada. For my worker to exit the Philippines, I have to sign the POLO addendum. One of the stipulations is "Termination shall only be for cause". To me, this means that I cannot lay my employee off. Is this correct? What if I get laid off from my own job and I can no longer afford a live-in caregiver? Am I stuck with my employee? Terminating with cause implies misconduct on the employee's part (e.g., theft) but I don't want to just terminate with cause and get sued for wrongful dismissal.

What would happen if I sign the POLO addendum, my employee lands in Canada, then I release her anyway (i.e., terminate without cause). Does POLO have jurisdiction over our employment standards?
No, POLO has no jurisdiction in Canada.
 

kuya DHOY

Member
Aug 16, 2011
15
0
yes polo has no jurisdiction here in canada but they can represent the filipino foreign workers in canada with regards to labor dispute because polo and canada have abiding memoramdum of agreement with regards to migrant workers like the overseas filipino workers here in canada
 

ISO3200

Newbie
Nov 18, 2011
3
0
So if POLO has no jurisdiction, then would I be in breach of contract if I terminate without cause? And where is the source of this information? Should I be worried about the risk? Contract addendum states I can't terminate without cause but on the other hand, nothing is stopping my worker from quitting leaving me with potentially no childcare.