"Live-In Caregiver Employer/Employee Contract Form" - Canada

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Download "Live-In Caregiver Employer/Employee Contract Form" - Canada

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Live-in Caregiver Employer/Employee contract
All information and clauses set out in this employment contract template must be
addressed in all Live-in Caregiver Employer/Employee contracts to enable HRSDC/CIC
to assess whether the employment is likely to have a neutral or positive effect on the
labour market in Canada.
EMPLOYER #1
Last name: ____________________ Given name(s): ____________________
Relationship with the person(s) receiving care: __________________________
Street address: ___________________________________________________________
City: __________________ Province/Territory: ____________ Postal Code: __________
Telephone (home): _________ Telephone (work): _________ Email: __________
EMPLOYER #2 (if applicable)
EMPLOYER information must be provided for each person who will contribute to wages paid to the
EMPLOYEE or will provide instruction to the EMPLOYEE.
Last name: ____________________ Given name(s): ____________________
Relationship with the person(s) receiving care: __________________________
Street address: ___________________________________________________________
City: __________________ Province/Territory: ____________ Postal Code: __________
Telephone (home): _________ Telephone (work): _________ Email: ___________
EMPLOYEE – Job Offer of Employment – Live-in Caregiver
Note: provide employee’s current address, i.e. overseas address if foreign worker is still living overseas
or in-Canada address.
Last name: __________________________
Given name(s): ______________________
Date of birth (YYYY/MM/DD):___________________________________________________
Live-in Caregiver Employer/Employee contract
All information and clauses set out in this employment contract template must be
addressed in all Live-in Caregiver Employer/Employee contracts to enable HRSDC/CIC
to assess whether the employment is likely to have a neutral or positive effect on the
labour market in Canada.
EMPLOYER #1
Last name: ____________________ Given name(s): ____________________
Relationship with the person(s) receiving care: __________________________
Street address: ___________________________________________________________
City: __________________ Province/Territory: ____________ Postal Code: __________
Telephone (home): _________ Telephone (work): _________ Email: __________
EMPLOYER #2 (if applicable)
EMPLOYER information must be provided for each person who will contribute to wages paid to the
EMPLOYEE or will provide instruction to the EMPLOYEE.
Last name: ____________________ Given name(s): ____________________
Relationship with the person(s) receiving care: __________________________
Street address: ___________________________________________________________
City: __________________ Province/Territory: ____________ Postal Code: __________
Telephone (home): _________ Telephone (work): _________ Email: ___________
EMPLOYEE – Job Offer of Employment – Live-in Caregiver
Note: provide employee’s current address, i.e. overseas address if foreign worker is still living overseas
or in-Canada address.
Last name: __________________________
Given name(s): ______________________
Date of birth (YYYY/MM/DD):___________________________________________________
Street address: ___________________________________________________________
City: __________________ Province/Territory: _______________ Country: __________
Postal Code: _____________
Telephone (home): __________ Telephone (work): ___________ Email: _____________
EMPLOYEE’S PLACE OF WORK
NOTE: Under the Live-in Caregiver Program, only work that has been completed in Canada under a valid work
permit is considered toward the live-in caregiver’s work requirement for permanent residence. Any work completed
outside Canada will not be counted.
Will the EMPLOYEE work at EMPLOYER’s residence in Canada as indicated above?
Yes
No
If no, provide the details of where the EMPLOYEE will work and reside (must be in the residence in Canada of the
person receiving care):
Street address: ___________________________________________________________
City: __________________ Province/Territory: _______________ Postal Code: _______
Telephone (home): _________________ Telephone (work): _________________
Email: ___________________
Description of the house and the household
Total number of rooms: _________
Total number of bedrooms: ______
Details of all household members (ALL adults and minors residing in the house):
Surname
Given name(s)
Age
1.
2.
3.
4.
5.
If more space is required, add an annex to this contract and cross-reference.
The PARTIES agree as follows:
Duration of contract
This contract shall have a duration of ________________months from the date the EMPLOYEE assumes his/her
functions. Anticipated start date
____________
Work permit
Both parties agree that this contract is conditional upon the EMPLOYEE obtaining a valid work permit pursuant to
the Immigration and Refugee Protection Act and its Regulations, and his/her entry into Canada under the Live-in
Caregiver Program.
Job description
The EMPLOYEE agrees to provide services as a live-in caregiver and carry out the following tasks in the home of the
person requiring care.
Details of person(s) requiring care:
Last name
Given name
Age
Type of care (child, elderly or disabled)
1.
2.
3.
4.
5.
If more space is required, add an annex to this contract and cross-reference.
Describe care responsibilities/duties (specify if there will be meal preparation, shopping, driving, housekeeping, pet
care, etc.):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Work schedule and wages
The parties agree to abide by provincial/territorial labour/employment standards regarding wages and leave.
1.
The EMPLOYEE shall work ______ hours per week.
2.
The EMPLOYEE’s workday shall begin at ______ and end at ______, or if the schedule varies by day,
specify work hours:
_____________________________________________________________________
_____________________________________________________________________
3.
The EMPLOYEE shall be entitled to ______ minutes for each paid___ or unpaid ___meal break.
4.
The EMPLOYEE shall be entitled to ___ number of paid___ or unpaid___ health breaks of ____minutes.
5.
The EMPLOYEE shall be entitled to ______ day(s) off per week, on _____________.
6.
The EMPLOYEE shall be entitled to ______ days of paid vacation per year. The schedule shall be confirmed
by the EMPLOYER and the EMPLOYEE at least ___ weeks in advance of the proposed date.
7.
The EMPLOYEE shall be entitled to ______ days of paid___ or unpaid___sick leave per year.
8.
The EMPLOYEE shall be entitled to all applicable provincial, territorial and national statutory and public
holidays with pay.
9.
The EMPLOYER agrees to pay the EMPLOYEE for his/her work by cheque or alternate means if mutually
agreed and with documentation and receipts, the gross wages before deductions in the amount of:
$ _________ per hour worked. Equivalent to $________ per week.
10.
The EMPLOYER agrees to pay the wages on the following basis:
____weekly
____bi-weekly
____monthly.
11.
The EMPLOYER agrees to pay the EMPLOYEE for his/her overtime hours for all hours worked over the
required hours confirmed in item 1 in accordance with provincial/territorial labour/employment standards.
12.
The EMPLOYER agrees to regularly review and adjust the EMPLOYEE’s wages to ensure they meet or
exceed the prevailing wage rate requirements for live-in caregivers in the region where the EMPLOYEE is
being employed as indicated on
HRSDC’s
website.
The EMPLOYER and EMPLOYEE will indicate wage increases by amending no.9 of this section of the
contract in writing, and with all EMPLOYER and EMPLOYEE signatures and the date of the amendment.
13.
The EMPLOYER agrees to regularly review and adjust the EMPLOYEE’s room and board charges to ensure
they do not exceed the prevailing room and board rates for live-in caregivers in the region where the
EMPLOYEE is being employed as indicated on
HRSDC’s’s
website.
The EMPLOYER and EMPLOYEE will indicate room and board increases by amending no. 2 and/or no. 3 of
the “Accommodation” section of the contract in writing, and with all EMPLOYER and EMPLOYEE signatures
and the date of the amendment.
14.
The EMPLOYER agrees to pay taxes and submit all deductions payable as prescribed by law (including, but
not limited to, employment insurance, income tax, Canada Pension Plan or Quebec Pension Plan).
NOTE: Employers are reminded that overtime hourly rates may vary, for example, depending on the day of the
week or for national statutory or public holidays.
NOTE: HRSDC regularly reviews and updates the prevailing wage rate table. EMPLOYERS must, at the minimum,
increase the EMPLOYEE’s wages as they are increased as per HRSDC’s website.
Recruitment Fees
The EMPLOYER shall not recoup from the EMPLOYEE, through payroll deductions or any other means, the fees they
have paid to a third party recruiter or recruitment agency, or their authorized representative(s) for services related
to hiring and retaining the EMPLOYEE.
NOTE: Should the EMPLOYER’S third party recruiter or recruitment agency, or their authorized representative(s)
charge the EMPLOYEE for any recruitment fees, the EMPLOYER must reimburse the EMPLOYEE in full for any such
costs disclosed with proof by the EMPLOYEE.
Accommodation
1.
The EMPLOYER agrees to ensure that reasonable and proper accommodation is available for the
EMPLOYEE, and shall provide the EMPLOYEE with suitable furnished accommodation. Suitable
accommodation is housing that meets municipal building requirements and health standards set by the
province. This includes a private unit or a room with a lock and which therein provides living and sleeping
facilities intended for human habitation with no visible or structural repairs required.
2.
The EMPLOYER will recoup the costs of the room at an amount of $_____ per_____ (weekly / bi-weekly /
monthly) through payroll deductions. The amount must not exceed provincial/territorial
labour/employment standards where applicable.
3.
The EMPLOYER will recoup the costs of meals at an amount of $______ per______ (weekly / bi-weekly /
monthly) through payroll deductions. The amount must not exceed provincial/territorial
labour/employment standards where applicable.
4.
The EMPLOYER agrees to provide the EMPLOYEE with meals, where applicable, and an adequate, properly
heated and ventilated room. The door of the room shall be equipped with a lock and a safety bolt from
within the room and the EMPLOYEE will be provided with the corresponding key.
5.
The EMPLOYER shall provide the EMPLOYEE with independent access to the residence (for example, house
keys, security code) where the EMPLOYEE resides.
6.
The EMPLOYER agrees to provide the employee with (check if applicable):
Private bathroom
Telephone (charge of $_____ per month or no charge___ except for long-distance calls)
Radio (in his/her room)
Television (in his/her room)
Internet access (____charge of $____ per month or ____no charge)
Other, specify:____________________________________________________
Description of EMPLOYEE’s room and furnishings:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Transportation costs
Use the appropriate clause according to the situation. Strike out the clause which does not apply.
1.
In the situation where the live-in caregiver resides abroad:
The EMPLOYER agrees to pay the EMPLOYEE’s transportation costs for the one-way trip travel from his/her
country of permanent residence or of current residence to the place of work in Canada, namely from
__(country of permanent residence or of current residence)__ to __(place of work in Canada)__.
It is the EMPLOYER’s obligation and responsibility to pay for the transportation costs and they cannot be
passed on to the foreign worker (for example, the EMPLOYEE must not pay the transportation on behalf of
the employer to be reimbursed at a later date). Under no circumstances are transportation costs
recoverable from the EMPLOYEE.
OR
2.
In the situation where the live-in caregiver resides in Canada:
If the EMPLOYEE is currently in Canada, the EMPLOYER agrees to pay the costs of transporting the
EMPLOYEE from his/her current Canadian address to the new place of work in Canada, namely __(current