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Author Topic: question about POLO contract Addendum for live-in caregiver - Philippines  (Read 438 times)
ISO3200
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« on: November 18, 2011, 02:30:13 am »

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?
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PMM
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« Reply #1 on: November 18, 2011, 02:47:57 pm »

Hi

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.
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PMM
kuya DHOY
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« Reply #2 on: November 18, 2011, 05:30:27 pm »

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
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ISO3200
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« Reply #3 on: December 04, 2011, 01:51:19 pm »

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.
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