Live-in Caregiver Program
Employee (Caregiver) When can I sponsor my family members to come to Canada? Your family members living in Canada and abroad may be included in your application for permanent residence in Canada. This means that their applications for permanent resident status will be processed at the same time as yours. However, all your family members, both in Canada and abroad, must pass medical and background checks, whether they are accompanying you or not. You cannot acquire permanent resident status until your family members have passed these checks. After all requirements have been met, you and your family members in Canada will be invited to the Citizenship and Immigration Canada office nearest your home to be given permanent resident status. An officer will then issue immigrant visas to your family members living outside Canada who were included on your application. Your family members can then come to Canada and acquire confirmation of permanent residence on their arrival. How much should I be paid if I am asked to work extra hours or during a day off? The amount should be based on standards set by your provincial or territorial department of labour under employment standards legislation. You should be paid for overtime according to the law or as specified in your contract if the amount in the contract is higher. Can I refuse to work for personal or religious reasons? There should be a clear understanding in the contract of the hours you are required to work and your time off, including holidays and vacations. Requirements for time off to deal with special matters should be cleared with your employer before you sign a contract. You have the right to refuse duties that are not in your contract. Can I return to my home country for a vacation? Yes, but there are several facts you should be aware of. Your vacation entitlement should be specified in your contract with your employer. If you take a longer vacation than you have agreed to in your contract, you could lose your job in Canada. If your home country has a Canadian temporary resident visa (TRV) requirement, you may have to reapply for a TRV before you can return to Canada. This could take time. If you remain outside Canada for more than one year, or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-in Caregiver Program.
Employer Can I fire an incompetent employee? Yes. If an employee does not carry out the duties as agreed to in the contract, you can give him or her the required notice or pay in lieu of notice. Am I responsible if my employee becomes sick, has an accident, is hospitalized or needs home recovery? Your employee is entitled to sick leave as specified in provincial or territorial legislation. Do not force your employee to work if he or she is ill. Your employee should be covered under the required health or workers' compensation plan of the province or territory of work. Your responsibility would depend on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.
Live-in Caregiver Program (Sample Contract) | Live-in Caregiver Program (Sample Contract) | | 1. Employer: | 2. Employee: | | Name _____________________
Address
_____________________ Telephone
home________________
work ________________
Business No.
____________________ | Name
________________________
Address
________________________ | | 3. Offer of Employment | | Job Title: Live-in Caregiver | | A) Job Description | | Child Care yes_ no_ | number of children
_______ | ages of children
______ | | Elderly Care yes_ no_ | Disabled Care yes_ no_ | | Care Responsibilities/Duties Describe
________________________________________________________
________________________________________________________ | | Housekeeping Responsibilities yes_ no_
Describe ________________________________________________________
________________________________________________________________ | | Will employee be required to provide pet care? yes_ no_
Additional Responsibilities yes no
Description of the house and household (number of rooms, household members, etc.) ___________________________________________________
________________________________________________________________
________________________________________________________________ | | B) Wages and Working Conditions | | Wages and working conditions must reflect provincial employment standards and prevailing wage rates. | | Gross wages of $_____ ___ weekly
___ monthly | Hours of work _____ /wk
Day(s) off _____ /wk
(which days off?) _____ | | Frequency of pay ________ weekly
_______ biweekly
_______ monthly | Overtime rate _____ / hr
To be paid after _____ hours
Schedule of hours ______________ | | The employer agrees to provide the employee with information regarding wages and types and approximate amounts of deductions from pay. | | Weeks of vacation with pay _____/yr Paid general holidays _______________ | | Other leave ___________________________ Days of paid sick leave _____/yr | | Cost of room and board $_________ | To be paid _____ weekly _____ monthly | | Accommodation Furnished Private Room yes_ no_
Locked yes no
Private Bath yes_ no_ | | Medical Coverage _______________ | Other Benefits _____________________ | | Airfare included yes no Details _______________________________ | | Income tax deductions will be taken at source
Contributions will be made by employer to Canada/Quebec Pension Plan and to Employment Insurance
Duration of employment ___________________________________________ | | 4. Terms of Separation | | The employer and employee agree to abide by provinicial labour standards regarding written notice of termination of employment. (It is recommended that a copy of the relevant portions of provincial labour standards be attached as an appendix.)
Amendments to this contract must be made in writing and agreed to by both parties. | | 5. Signature of Employer: | 6. Signature of Employee | | I certify that the duties outlined above are accurate and correct.
I will abide by provincial labour standards.
I wil provide a Record of Employment on termination of employment | I have read the undertaking and understand it. | | Signature:_____________________ | Signature:_________________________ | | Date:_________________________ | Date:_____________________________ |
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