Ending the contract with my nanny

Just like you, your nanny has administrative obligations. If she does not comply, it is normal to sanction her. Your status as an employer gives you a right to terminate the employment contract for your home childcare.
Of course, like any employee under an open-ended contract, your nanny can not be dismissed anyhow and for any reason. If you took the initiative to break the contract, be careful to follow proper legal procedure in the dismissal of your nanny.

The decision to put an end to the childcare agreement

If you initiate the break in the contract, it's a dismissal. 

If it is broken by your nanny, it's a resignation.

If you have agreed with your employee to terminate the employment contract, it is a mutually agreed termination.

Between these three cases, the reasons differ, as well as the procedure you'll need to follow, but your obligations as  an employer at the end of the contract remain the same (calculating compensation, taking care of paperwork, etc)

The risk of wrongful dismissal 

In Canada, employer's must give employees "reasonable notice" of termination, what is reasonable depends on many factors such as how long you have employed the nanny, and, of course, what you have agreed to in the contract you originally signed.

In order to avoid problems with the Ministry of Labour: 

• Justify the dismissal by a real cause or problem that is irreconcilable, 
• Give your employee as much advanced notice as possible,
• Respect each step of the procedure to the letter,
• Provide the employee all required documents and settle her final payment without error.

The reasons for dismissal

One can't dismiss a nanny because she is pregnant, nor because she is a mediocre cook... only a real and serious cause can justify dismissal, something rooted in the behaviour of your nanny or a change in your family situation.The formalities to be observed at the end of the working relationship.

The formalities to be observed at the end of the working relationship

Pour vous qui êtes familiers de l’annualisation ou des calculs de congés payés, le calcul des indemnités de rupture, de précarité,… sera facile !
Parmi les formalités de fin de contrat, n'oubliez pas de joindre à la dernière fiche de paie le solde de tout compte, le certificat de travail et l’attestation Pôle Emploi.

Special cases of termination

Letting your pregnant nanny go, parting ways with your nanny who has decided to take a sabbatical, or declared unfit, ending the contract with your replacement nanny upon the return of your nanny ... there are many special situations that require different approaches.

Breaking the contract without dismissal

Breach of contract, it is not only dismissal: resignation, mutually agreed termination but also retirement, ... What are the rules for each procedure?