The Live-in Caregiver Program for employers and caregivers abroad

EMPLOYER

 
Before you look abroad

If you want to hire a caregiver from abroad, we recommend that you contact your local Human Resources Centre Canada (HRCC). Be sure that you are familiar with the conditions of the Live-in Caregiver Program before spending time or money recruiting employees from abroad, and that the program is the best means of meeting your needs. Is it necessary that your employee live in? In Canada, there is no shortage of caregivers who do not live in. It may be possible to fill your position with a Canadian or a permanent resident if there is no live-in requirement. Your local HRCC could help you locate such an employee. The HRCC may ask you to show that you have made reasonable efforts to hire a Canadian or a foreign worker already in Canada as a live-in caregiver. You must have sufficient income to pay a live-in caregiver and you must provide acceptable accommodation in your home. Your job offer must contain caregiving duties for a child, or an elderly or disabled person. A job offer for a housecleaner, for example, is not acceptable under the program.

If the Live-in Caregiver Program best meets your needs, remember that there are four main requirements your caregiver will have to satisfy to qualify under the program. These requirements are listed in the Employee (Caregiver) section of this booklet.

How to hire a foreign live-in caregiver

Employers are responsible for finding foreign live-in caregivers through advertisements, personal contacts or hiring agencies. When you have found an individual you wish to employ, contact your local HRCC, which will assess your offer of employment. You will be asked to declare that you can provide the wages, benefits and working conditions required by provincial or territorial labour laws. The HRCC will provide information on acceptable wage standards, taxation, health insurance, workers' compensation and other relevant matters. Remember that the minimum wage in your province or territory may be below the market wage in your community. You should be prepared to pay a wage rate and provide benefits comparable to those provided to other caregivers in your community if you want to keep your employee.

When the HRCC has confirmed your offer of employment, you will be given a letter of confirmation. The letter contains important information about immigration for live-in caregivers, including the work permit application process. It will also advise you of the documents which you must send to your prospective employee as part of the caregiver's application process.

If your potential employee is considered eligible for the Live-in Caregiver Program and meets all other requirements, the caregiver will be issued a work permit. This process may take several months, so plan ahead. Even if the HRCC approves your offer of employment, your caregiver cannot work in Canada until he or she receives the work permit naming you as the employer. We suggest that you maintain contact with your prospective employee to determine when he or she will be able to begin working for you.

If you live in the province of Quebec, and if Quebec will be your employee's province of employment, your HRCC will be able to inform you of any differences that apply to the process of hiring a foreign live-in caregiver. For further information, visit the Web site of the ministère des Relations avec les citoyens et de l'Immigration (Quebec Immigration) at www.mrci.gouv.qc.ca.

Live-in caregivers have the right to change jobs without their employer's permission as long as they remain live-in caregivers. They are also eligible to apply for an open work permit after working for two years as live-in caregivers in Canada.

Using the services of a hiring agency

If you decide to use a hiring agency, make sure that the one you select is reputable. The HRCC does not recommend specific hiring agencies to employers. It is your responsibility to obtain information from the agency. Be clear about what services the agency is offering. You should review your agency contract for information about the caregiver's airfare or other costs which you may be required to pay. Ask about refund guarantees and whether the company will replace an employee who quits and, if so, within what period of time and after what period of employment.

Ask the agency for references to ensure that it is not misrepresenting the qualifications of the candidates it recommends. You can also ask:

• Does the agency provide adequate applicant screening?
• Does the agency have the resources to service clients?
• Does the agency have a non-refundable placement fee?
• Does the agency check references and does it conduct personal interviews with applicants?

Dealing with agencies is not the only way to find a suitable live-in caregiver from abroad. Many people rely on recommendations from friends or on advertisements.

The contract

You and your prospective employee are legally required to have a signed contract. The caregiver's responsibilities should be set out in the contract to ensure that your employee is aware of the conditions of employment you are offering. The sample contract provided later in this booklet will give you an idea of the conditions you may wish to include in your contract. You should be aware that the province's labour laws supersede the terms of the contract in cases where the contract terms are less generous than the law.

The application that you complete at the HRCC to employ a live-in caregiver is not a contract, except in British Columbia. Under the British Columbia Live-in Caregiver Pilot Project, the application form is an employment contract.

Before you sign a contract

Be sure that you are aware of your employment needs before you decide if someone is suitable to work for you as a live-in caregiver. Your employee will be living in your home and will be responsible for the care of your children or other family members. It is important to choose the right person for your family. For example, ask if the applicant smokes, drives a car, likes children or the elderly, or can cook. Find out if the caregiver observes any special customs or religious holidays that you should be aware of. Ask if your employee will be eating the same food as your family or would prefer to buy or prepare separate meals.

Employer's responsibility to a live-in employee

You must provide acceptable working conditions, reasonable duties and fair market wages. You must also provide accommodation that ensures privacy, such as a private room with a lock on the door. Your caregiver pays rent for a room in your home and is entitled to privacy. You should not enter the caregiver's room without permission. You should provide your employee with a key to the house to ensure freedom of access. Your house is your employee's home as well as his or her place of work. You should respect the caregiver's cultural or religious practices and discuss his or her needs.

A live-in caregiver is protected by employment standards legislation in most provinces and territories. Live-in employees are entitled to days off each week, statutory holidays, extra pay for overtime work and a salary that meets at least the minimum wage. It is your responsibility to find out what these standards are and to respect the laws of your province or territory. A list of ministries responsible for labour standards is provided at the end of this booklet.

Hiring a caregiver who is already in Canada

You may wish to hire a live-in caregiver who is already in Canada as a temporary worker under the program but is unemployed. Your offer of employment must first be confirmed by an HRCC. Give a copy of the letter from the HRCC which confirms your job offer to the caregiver you wish to hire. The caregiver needs this letter to apply for a new work permit naming you as the employer. The caregiver must have received the new work permit before starting work in your home. It is illegal for the caregiver to work without a valid work permit naming you as the employer. Trial employment is not allowed. It is illegal to employ a caregiver on a trial basis to determine if the caregiver is suitable for a one-year contract. You could be charged with a criminal offence for employing a worker who is not authorized to work by Citizenship and Immigration Canada (CIC).

Hospital and medical care insurance

Contact the proper provincial or territorial authorities to determine how medical insurance for your employee will be provided. Depending on the province or territory, you may be required to pay premiums or a health tax on your employee's behalf. You cannot deduct health premiums or taxes from your employee's wages.

Workers' compensation

Live-in caregivers have the right to be covered under workers' compensation legislation in most provinces and territories. If you employ a live-in caregiver, you must determine your responsibilities under workers' compensation according to the laws of your province or territory. Workers' compensation is an employer's insurance plan; it is to your benefit to ensure that your employee is covered if he or she is injured on the job. Contact your local workers' compensation office for further information.

Employer's legal responsibilities

Anyone who employs a full-time live-in caregiver under the program is required by federal law to register as an employer with the Canada Customs and Revenue Agency (CCRA). You must make the proper deductions for income tax, Employment Insurance and Canada Pension Plan and remit these amounts to the proper federal authority. When you register as an employer, the CCRA will provide you with an information guide which contains the necessary forms and instructions. You must comply with the law and provide your employee with a record of employment (ROE) when the employee's work term with you has ended. You will not be able to get the ROE unless you have previously registered as an employer.

Like all other small business employers in Canada, you must keep written records of your caregiver's employment. Employment standards laws require that records of an employee's earnings be kept and that employees be provided with a statement of earnings with each pay cheque. The statement should indicate your employee's gross and net pay, specific deductions, the purpose of these deductions, and the total hours worked (including overtime) during that pay period.

You are also required by law to give your employee a T4 slip for the previous year's employment by the end of February each year. The T4 slip will show your employee's total gross earnings and total deductions for income tax purposes. Your employee will require the T4 to file an annual income tax return. The CCRA will give you an information guide on tax requirements when you register as an employer.

Deductions

You must make the following deductions from your employee's pay:

• income tax;
• Employment Insurance;
• Canada Pension Plan.

You must regularly remit these deductions to the appropriate government agencies. Check with provincial or territorial authorities or the nearest HRCC about other deductions such as workers' compensation and health insurance.

Room and board

Charges for meals not eaten by your employee in your home cannot be deducted from his or her pay. Room charges are calculated on a weekly or monthly basis, depending on the conditions of the employment contract. Whether you may deduct room and board directly from your employee's pay cheque may also be governed by provincial or territorial employment standards legislation.

Your employee is entitled to leave your home on days off.

Helping your employee adjust

Your caregiver may have some difficulties adjusting to living in a private home in a new country. Although the relationship between you and your employee is a professional one, we urge you to do all that you can as an employer to help your employee adjust to life in Canada. You can refer your employee to agencies or other organizations that may offer support. A list of these agencies is provided at the end of the booklet.

Ending a contract with an employee

If your employee is unwilling or unable, without just cause, to perform the job duties as stated in the contract, and you no longer wish to employ the caregiver, you can terminate the contract. However, you may have agreed in the contract to give a notice of termination. When you cannot give the caregiver appropriate notice, you can pay the employee for the period the notice would have covered. Regardless of whether your contract requires you to give notice or pay in lieu of notice, you may be liable for it under provincial or territorial laws.

You are required to notify the nearest HRCC if you no longer need the services of your caregiver.

If you abuse the terms of the contract, you will have difficulty hiring another live-in caregiver under the program. If you need to find a replacement for your employee, you must repeat the Live-in Caregiver Program's application procedure.

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