Service Canada’s Live-In Caregiver Contract: Very Important for Employees and Employers.

Contracts

The importance of contracts!

I thought it might be useful to post the link to Service Canada‘s Live-In Caregiver contract.  I have posted many articles over the past couple years about the importance of a contract for those participating in Canada’s Live-In Caregiver Program (LICP) – both for employer and for employee but a formal detailed contract is equally as important for live-out caregivers and nannies who are living in, but not through a formal program like the LICP.

The contact forms the basis of a legal agreement between employer and employee as to what is expected and agreed upon by both sides and is used in case of disagreement to support the previously agreed upon terms.

In a nutshell, if you want to hire someone, they have to agree to all the work arrangements in the contract and if you want to be employed by someone then the contact tells you what the employer expects from you and outlines every detail from hours worked, to amounts renumerated to specific tasks.  It’s like going to get a job anywhere else in the world, where you sign the contact before they agree to hire you and it’s about time the contract has become formalized for nannies to avoid employers from taking advantage of them.

Too often I hear and read about employers who think their live-in nannies are on call 24/7 at their disposal to take care of them and their kids, and their house and their pets… It’s ridiculous.  Also hearing about employers placing curfews on their nannies, or making them address you as Mr. or Mrs. like they are a servant.  Most of it is not allowed and some of it is just not right.  If you accepted a job working at a top law firm, or in the warehouse of WalMart would you allow for them to treat you like that?

As a result of some of these abuses of nannies from overseas, the Canadian government has been tightening up the LICP program – prospective nannies can apply from the program by following this link; http://www.cic.gc.ca/english/work/caregiver/apply-how.asp.  Part of the application process, requires that nannies MUST sign a written contract with their future employer, and the employer must also sign the contact which is them submitted together with the positive Labour Market Opinion (LMO).

The LMO is issued to the employer by the government after a lengthy review of the submitted documents and the information is verified, an interview is conducted by phone, and once the employer is deemed to be a suitable employer who has followed all the government requirements and regulations for the LICP.

Employers must also provide to the government their payroll BN number with the CRA, and have available suitable space in their home for a nanny to live, and prove that they have children in need of caring for and the financial capabilities to support a nanny.

The contract must be the same employment contract submitted to HRSDC/SC by your employer, unless you provide an explanation of any changes (for example, a new start date).

The written employment contract will ensure there is a fair working arrangement between you and your employer. The employment contract must demonstrate that the Live-in Caregiver Program requirements are met by including a description of:

•mandatory employer-paid benefits, including:

◦transportation to Canada from your country of permanent residence or the country of habitual residence to the location of work in Canada

◦medical insurance coverage provided from the date of your arrival until you are eligible for provincial health insurance

◦workplace safety insurance coverage for the duration of the employment

◦all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to you

•job duties
•hours of work
•wages
•accommodation arrangements (including room and board)
•holiday and sick leave entitlements
•termination and resignation terms

The contract the government is expecting to see does not have to look exactly like the one provided for in the link – that one is merely a template – but it must contain all the information and clauses indicated as mandatory.

The use of an alternative contract format may delay the processing of the LMO application as HRSDC and Service Canada officers will need to determine if the contract complies with LCP requirements.

http://www.servicecanada.gc.ca/eforms/forms/sc-emp5498(2011-09-005)e.pdf

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2 comments

  1. Thanks for outlining important things. I wonder if you know about a contract worker transitioning to LICP would have a future issue of not becoming a permanent residence after 2 years of being a caregiver? I thought a contract worker has different work permit with a Live In Caregiver.

    Thanks in advance. :)

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