Live-In Caregiver Program Mandatory Employment Contract

Employment Contract Template
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 (Human Resources and Skills Development Canada/Customs and Immigration Canada) 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:

1. EMPLOYEE'S PLACE OF WORK

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 where care will be provided

Total number of rooms: Total number of bedrooms:

Details of all household members (ALL adults and minors residing in the house):

The PARTIES agree as follows:

2. Duration of contract

This contract shall have a duration of months from the date the EMPLOYEE assumes his/her functions.

Anticipated start date

3. 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.

4. Job description

Details of person(s) requiring care:

Describe care responsibilities/duties (specify if there will be meal preparation, shopping, driving, housekeeping, pet care, etc.):

5. 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 meal break. paid unpaid

4. The EMPLOYEE shall be entitled to number of health breaks of minutes. paid unpaid

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 sick leave per year. paid unpaid

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 as indicated on HRSDC’s Website.

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.

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 website.

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).

6. 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.

7. 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.

2. The EMPLOYER will recoup the costs of the room at an amount of $ per through payroll deductions.

3. The EMPLOYER will recoup the costs of meals at an amount of $ per through payroll deductions.

4. The EMPLOYER agrees to provide the EMPLOYEE with meals, where applicable, and an adequate, properly heated and ventilated room.

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 ) No Charge

Other, specify:

Description of EMPLOYEE's room and furnishings:

8. 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 to

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 from and

9. Health care insurance

1. The EMPLOYER agrees to provide health care insurance of equal coverage to that of the public provincial/territorial health insurance plan at no cost to the EMPLOYEE until such time as the EMPLOYEE is eligible for applicable provincial/territorial health insurance.

2. The employer agrees not to deduct money from the EMPLOYEE's wages for this purpose.

10. Workplace safety insurance (called Worker's Compensation)

1. The EMPLOYER agrees to register the EMPLOYEE under the relevant provincial/territorial government insurance plan or its equivalent (for free, on-the-job injury or illness insurance).

2. The EMPLOYER agrees not to deduct money from the EMPLOYEE's wages for this purpose.

11. Notice of resignation

Should he/she wish to terminate the present contract, the EMPLOYEE agrees to give the EMPLOYER written notice thereof at least weeks in advance.

12. Notice of termination of employment

The EMPLOYER must give written notice before terminating the contract of the EMPLOYEE. This notice shall be given at least weeks in advance.

SIGNATURE OF ALL EMPLOYERS

I have read and accepted all the terms and conditions stipulated in the present contract. I declare that the information I have given in this employment contract is truthful, complete and correct and that I will abide by the terms and conditions outlined therein. I will abide by the employment and labour standards in the province/territory where the EMPLOYEE resides. I will provide a Record of Employment on termination of employment. I agree to maintain complete records of employment, including any additional or overtime hours worked and to provide the employee with accurate records reflecting their employment, salary and allowable deductions on their behalf.

SIGNATURE OF EMPLOYEE

I have read and accepted all the terms and conditions stipulated in the present contract. I declare that the information I have given in this employment contract is truthful, complete and correct and I will abide by the terms and conditions outlined therein. I will abide by the terms and conditions of this employment contract and the employment and labour standards in my province/territory of residence.