Laying off a Filipino live-in caregiver

[ISO3200]

This is really a continuation of a previous topic I posted:
/canada-immigration-discussion-board/-t88445.0.html

When hiring a Filipino caregiver, the Philippine Overseas Labor Office (POLO) would not authorize my caregiver unless I added an addendum to my contract stating that "Termination shall only be for cause". So I added the addendum and my caregiver arrived and started work in February 2012.

Due to economic circumstances (rising cost of living, rising minimum wage, etc.) I cannot afford to have a live-in caregiver anymore. Can I still get out of this contract by terminating without cause (i.e., laying her off) and with severance in lieu of notice? What would the implications be? That POLO addendum protects the worker but, on the other hand, it doesn't protect the employer from an employee who decides to quit.

Please advise. Thanks!

 

[amikety]

Have you considered telling your nanny you won't be able to afford to keep her and seeing if she'll fix the problem by finding a new job on her own?

Depending on your contract, you also might be able to reduce her hours. If this is possible, talk to her, offer to reduce hours, but also let her know you're okay if she finds alternative employment.

Honestly, I think it's best you talk to your nanny and just be honest with her. You cannot afford to keep her, but you'll help her find a new job by giving her a reference and helping her get time off for interviews (if at all possible). Or her allow to go to interviews during school hours/take a baby with her. Basically offer her flexibility to help find that new job.

Because, honestly, if your employer told you "Hey, in a month I'm going to lay you off!" You'd be running to monster.ca and looking for a new job on your lunch break!

Most importantly, you made a promise to this woman when you brought her to Canada. You need to do your best to keep that promise. Giving her severance and tossing her out most likely will result in a complaint against you - and for good reason. That's not good business and not how you should treat someone you trust with your children!

 

[job_seeker]

When you applied for a LMO you and your prospective caregiver signed a contract with a "clause" for its termination. For some it's two weeks, one month for others. Check your contract. Not being able to afford to pay/keep your caregiver is a just cause (reason). Hoping you would be kind enough to give him/her time to look for a new employer, do the initial WP application process before you let him/her go.

This is really a continuation of a previous topic I posted:
/canada-immigration-discussion-board/-t88445.0.html

When hiring a Filipino caregiver, the Philippine Overseas Labor Office (POLO) would not authorize my caregiver unless I added an addendum to my contract stating that "Termination shall only be for cause". So I added the addendum and my caregiver arrived and started work in February 2012.

Due to economic circumstances (rising cost of living, rising minimum wage, etc.) I cannot afford to have a live-in caregiver anymore. Can I still get out of this contract by terminating without cause (i.e., laying her off) and with severance in lieu of notice? What would the implications be? That POLO addendum protects the worker but, on the other hand, it doesn't protect the employer from an employee who decides to quit.

Please advise. Thanks!

 

[northyork_beaver]

Just talk to your caregiver and tell him/her that you can't afford to pay her due to financial situation. Encourage her to look for another employer and once she got a new LMO she can apply for a new work permit (change employer). You can release his/her once the new work permit arrive.

Another option, you can offer her to stay with your house until she find a new employer with approved LMO. He/she can go to the US/Canada border and do the flagpolling, the new work permit will be issued at the POE. If she will send the paper works to Vegreville, AB she have to wait for 83 days or more.

This is only my opinion.