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Ending the childcare agreement without firing the nanny.
Apart from dismissal, the nanny's employment contract can be broken in other ways. The end of the childcare agreement may follow the resignation of your nanny, or result from your common desire: termination by mutual consent.
The resignation of your employee
It's when the employee breaches the employment contract.
The resignation should be in the form of a written letter either given in person or by mail. The employee may additionally announce her resignation to you but she should still provide a letter.
The employee, like the employer, is required to give notice, which begins on the day of the first presentation of the letter of resignation. These are general accepted lengths but each province has it's own rules regarding employee notice of resignation:
- One week if the employee has been employed more than 30 days;
- Two weeks if the the employee has been employed one year or more;
- The generally accepted minimum is two weeks, out of courtesy to the employer.
Formalities:
You will still need to provide the employee with her final paycheque and an R.O.E. at the end of the notice period.
Termination by mutual agreement
Although not common, it is possible to come to the mutual decision to end the employment. As it's name suggests, this is when both the employer and the nanny agreement to stop the employment.
If this is the case, you must then agree when the employment is to be terminated. Normally the employee will stay on until she has found other work otherwise it is seen as voluntary leaving and she will not be eligible for unemployment benefits if she does not find other work.
Ending the agreement during the trial period
During the trial period, the employer and the employee may freely terminate the employment contract without cause and without following a particular procedure.
A notice period should still be respected of out respect.
If it is the initiative of the nanny:
- Twenty-four hours if less than 8 days of work
- Forty-eight hours if more than 8 days of employment
If it is the employer's initiative:
- Twenty-four hours if less than 8 days of work
- Forty-eight hours between 8 days and 1 month of employment
