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Go Back   Job Forum Canada > Employment Discussions > Canadian Labour Legislation
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  #6  
Old 05-23-2006, 08:30 AM
Simon Simon is offline
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Join Date: Jul 2004
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If you want to have good references for your next job, don’t leave without a notice. References are very important there days.
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  #7  
Old 05-23-2006, 11:52 AM
lookingforjob lookingforjob is offline
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If you are contractor it's critical to give a proper leave notice, because you will be searching for job much more frequently compared to a permanent employee, and you will need good references from your last few contracts.
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  #8  
Old 12-18-2007, 02:42 PM
ibarif1 ibarif1 is offline
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Join Date: Dec 2007
Posts: 16
Cool It dependence on your situation.

When you have to leave because the new job cannot wait, some times it happened to me(I'm consultant), of course it is better to tell your sup. But if you think it will not help you, you can leave without notice only if you didn't sign contract with the current employer and you have been working there for less than 3 months. If it is between 3 months and a year, by the law you have to give him a week notice and if it is over a year you have to give him 2 weeks(Ontario Law). Please visit the following link http://www.labour.gov.on.ca/english/.../guide_14.html.

But if you signed a contract with him or her, it is another story; check the termination clause in your contract. If there is no termination clause in your contract (I doubt) then you can leave at any time without saying anything. But still, I wouldn’t do that because you might need references and it is always good to leave with good references.

A month ago, I worked on 2 months contract through Brainhunter (employment agency). I started working, then they sent to me the contract to sign. When I read the contract they I realized that I have to give them a month notice in case I want to leave, in the other hand they can terminate my contract at any time without even 24h notice, and many other things in that contract where they over protect themselves but there is 0 protection for me.

I believe that Brainhunter is using unfair business practices then I refused to sign the contract. Guess what, they hold my pay cheque for over a month and forced me to sign it. What I did at the end because I didn’t have any more money in my pocket.

I was really mistreated by Brainhunter, then I looked for another contract. But I waited till the end of the contract I signed with Brainhunter, then I left for another one.

I believe, I’m not supposed to break the Law if Brainhunter is not respecting the Law and violating consultants rights.

I will not recommend you to leave without notice, when you have to give notice, even when you don't have.

If the employer is violating your rights, no worries, you can always get back you rights if you ask for. The Ministry of Labour is here to help you with some specific issues with employer.

Hope it helps.

Last edited by ibarif1; 12-18-2007 at 02:51 PM.. Reason: Corrections
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  #9  
Old 01-03-2008, 01:24 PM
gordman gordman is offline
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Well you guys are right, I actually did this, I left without leaving any notice and my ex boss took "care" of me, I never got my last check and I could never use that working place as a recommendation.
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  #10  
Old 01-03-2008, 04:16 PM
ibarif1 ibarif1 is offline
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Smile Sorry for what's happened to you gordman.

Hi gordman,

In lots of cases you can claim your last cheque and you will definitely get it. What you have to do is to send a register letter to your previous employer asking him to send you your last pay cheque within “for example” 15 days. And let him know, if he fail to do so, then you will file out a claim to the ministry of labour, please find the following link for Ontario http://www.labour.gov.on.ca/english/es/claim/index.html.

It takes bit time to get back your money when you file out a claim to the Ministry of Labour, average 6 months. But you need to know if you signed a contract with your ex employer and there is a clause saying “….if you leave without notice you have to pay him $xxxx….” then think before filing a claim, you may have to pay him for leaving without notice more than your pay cheque than it is not worth it. If you didn’t sign a contract with him then please read again the first paragraph of my previous reply.

Regarding leaving without notice, it is not recommanded even if he put a pressure on you. It is always good to leave notice because like now if you want to ask for your rights you will get them without loosing any thing. Also, you need references. It still an experience.

Hope it helps.

Regards,

Hope it helps.

Regards,
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