最初由 Sedona 发布：
回复：跟风容易，特思很难。
Lots of 51ers don't want any constructive advice, consistent with the legal and societal environment and practice in Canada.
Let me try. I am prepared for bricks.
It seems and probably it could be Ms. Zhang and Mr. Li worked out a deal of cash job. They didn't have to pay tax, EI, CPP, Employment Health Tax and accident insurance. They ganged up together to cheat the government and all tax payers in Canada.
Ms. Zhang can take Mr. Li to court or Small Claims. If the Judge or the Justice of the Peace applies the clean hand principle, Ms. Zhang won't have a chance because she has committed illegal offenses.
If you work cash job to take advantage of the system, do not expect the system to give you any protection. The worst scenario is if Ms. Zhang had an accident causing any chronic disabilities, she would not be eligible for any insurance compensation.
It was shocking that the reporter accompanied Ms. Zhang to Mr. Li's house. Does this reporter understand any of the laws in Canada? After termination, an ex-employee cannot return to the workplace without the employer's permission. Their behaviour is trepassing. In USA, the employer can use physical force, including firearms, to protect his property rights.
Their attendance at Mr. Li's house at dark without prior agreement was inappropriate. Mr. Li could have called the cops and applied for a restraining order that Ms. Zhang could be not 200 meteres near his residence or his whereabouts like workplace.
How to resolve the problem? I have made 4 recommendations in the previous post. That's all your to judge.
别装了 ，又不是真懂。
Sir/Madam,
During my 2 exchanges with you, I never claimed to be an expert, so please don't put your words into my mouth. Instead, you alleged you know less than a lawyer, but more than a paralegal professional. I never appealed to the authority (a concept of analytical philosophy), but you did.
A caregiver is different from a landscaper. A caregiver serves one employer with fixed hours of work and a pre-determined wage or salary, which forms an employment relationship. A landscaper serves different contracts and clients and can determine when to deliver the service, within the restrictions of the contract, thus forming a status of self employment and a business relationship.
You confuse the two concepts of trepassing and passing by. Anyone can pass by my yard or by door. However, if that person is fully aware of the unwelcome message and continues to pop by, that's trepassing. If this case, Ms. Zhang was told it is Canadian practice to call before she comes, so she has become fully aware of Mr. Li's unwelcome message. If she comes again, she has violated trepassing. If I put a sign "No Trepass" at my yard and a salesperson rings my door bell, he or she has been forewarned and has commited trepassing already.
If a salesperson comes again despite my warning, I can obtain a restraining order from the Justice of the Peace.
I would warn you to think twice before you step into a front yard of a private residence in USA before any invitation by the owner; otherwise you bear the consequence. I never do that.
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TIM王地产博客
2007-12-23 16:50
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最初由 Sedona 发布：
I will leave it to other 51ers to give you a lecture.
That's different. You are talking about fee for service, which is a business relationship, not an employment relationship.
As long as you step onto my yard, driveway or doorway without my permission, that's trepass. I have every right to call the cops to remove you from my property.
Even if you old parents or adult children pop by without an appointment, you have the freewill to call police for assistance.
也许你没有做过CONTRACT工作,但在说别人违法之前,至少你应该知道这到底违法不违法?做保姆和割草在雇佣关系上并没有什么不同,你说割草是提供服务,为什么不能说做保姆就是提供服务?
这个问题用不着留给谁来回答,因为它太简单了.
另一个问题,关于私闯民宅的问题,你觉得我以中国新移民的思维方式考虑问题,那么请你这个所谓的加拿大思维的人想一想?
你以为别人走过你的门前,路过你的草坪,都是违法行为?那么,上门推销的推销员,你的路过没有预约的朋友,拉选票的议员都是在做违法的事情?如果不懂,可以给你们区的议员打个电话,问问他上门拉选票是不是私闯民宅?
如果别人敲你的门,你不高兴,你可以让别人离开,如果别人不离开,或者强行进入你的PROPERTY,你的确可以叫警察,那样算是别人私闯民宅,但这并不是说,别人在你的门前站一下,或者敲你的门就是违法,如果那样的话,你随时可以拿枪轰别人了.为了明白易懂一点,给你举个例子,一个男人,在社交场合,主动伸手和女士握手,这并不算性骚扰,只有在女士不同意,而你仍强行握的情况下,那才能算得上.法律是有明确的分界线的.
至于那个日本的小留学生,我觉得他并不是因为敲了一下门就被枪杀了,具体情节我不清楚,如果你觉得有必要研究一下这个案子,我也可以和你探讨一下.
另外,不要以为用英语发个帖子你就代表加拿大法律了,别人就是无知的新移民,那样很幼稚.顺便告诉你一下,我的工作就是要明白那些情况下是合法,那些情况是违法,我要时刻保证自己在别人的PROPERTY里活动,而不违法.我想我所知道比律师要少,但比律师助手要多,怎么着也不会比自以为专家的人少.想当然的想法是经不起推敲的.
如果不了解相关法律条文,没有打过几个官司,还是尽量不要以专家的面目教训别人,那样容易弄的自己很尴尬,下不了台.而且你的那4个所谓的建议纯粹是戏弄张女士,这个时候还以那种口气戏弄别人,是不是有点过了?
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Sedona
2007-12-23 14:38
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打现金工并不违法,更谈不上欺骗加拿大政府
I will leave it to other 51ers to give you a lecture.
和那种帮别人剪半个小时的草坪都是一样的性质
That's different. You are talking about fee for service, which is a business relationship, not an employment relationship.
她去李老板家里去要钱也并不算是私闯民宅,因为李老板并没有打算把支票寄给她,就算李老板不同意张女士进他家,张女士只要不强行进入李老板的房子,李老板也没有多大的权利让她不能靠近他的房子200米
As long as you step onto my yard, driveway or doorway without my permission, that's trepass. I have every right to call the cops to remove you from my property.
Even if you old parents or adult children pop by without an appointment, you have the freewill to call police for assistance.
什么叫私闯民宅?并不是在你们家门口一占就算闯了你的民择,你就可以拿抢打,
I quoted a U.S. scenario. About 10 years or so ago in USA, a Japanese visa student entered a property for the trick or treat fun, of course without permission. He was shot dead. The owner was not charged because he was defending his property. This incident caused US Japan diplomatic tension for a few months.
The concept of property in North America is very different from yours in China.
I don't mean Ms. Zhang is wrong or Mr. Li is right. I believe Mr. Li is a jerk, however, my intention is to toss in a different perspective how we handle interpersonal conflicts in Canada.
最初由 墨子 发布：
跟风容易，特思很难。
一边倒的言论已经很多了。
网友们的“义愤填膺”已经得到了充分的表现。
下一个帖子，应该是有点新意和独到见解的了，我期待着。
跟风容易，特思很难。
别老让别人说咱们不会独立思考。凡事都是一窝蜂。
Lots of 51ers don't want any constructive advice, consistent with the legal and societal environment and practice in Canada.
Let me try. I am prepared for bricks.
It seems and probably it could be Ms. Zhang and Mr. Li worked out a deal of cash job. They didn't have to pay tax, EI, CPP, Employment Health Tax and accident insurance. They ganged up together to cheat the government and all tax payers in Canada.
Ms. Zhang can take Mr. Li to court or Small Claims. If the Judge or the Justice of the Peace applies the clean hand principle, Ms. Zhang won't have a chance because she has committed illegal offenses.
If you work cash job to take advantage of the system, do not expect the system to give you any protection. The worst scenario is if Ms. Zhang had an accident causing any chronic disabilities, she would not be eligible for any insurance compensation.
It was shocking that the reporter accompanied Ms. Zhang to Mr. Li's house. Does this reporter understand any of the laws in Canada? After termination, an ex-employee cannot return to the workplace without the employer's permission. Their behaviour is trepassing. In USA, the employer can use physical force, including firearms, to protect his property rights.
Their attendance at Mr. Li's house at dark without prior agreement was inappropriate. Mr. Li could have called the cops and applied for a restraining order that Ms. Zhang could be not 200 meteres near his residence or his whereabouts like workplace.
How to resolve the problem? I have made 4 recommendations in the previous post. That's all your to judge.
年关变难关: 新移民讨工钱洒下辛酸泪