With Canada’s Temporary Foreign Worker Program under attack again as a result of RBC’s announced plan to lay off Canadian employees and hire employees overseas, it’s important to understand that this program also has the Canadian Live-in Caregiver Program (LICP) as a part of it, and that program is essential to working Canadian parents who need to hire a Live-in Caregiver (nanny) from overseas for cost efficient reasons. The LICP provides opportunity for parents to sponsor and bring trained, educated nannies from overseas, who live in their homes and work for them at a wage very close to the minimum wage.
At the outset, many feel that these nannies are being taken advantage of, however, I see it differently. Yes, there are employers who ask their employees to work long hours, and do tasks which are outside of the normal requrements of the program, but there are also opportunities for these nannies to speak up and have this addressed, and the outcome is that the employer is banned from using the program. Times have changed and thankfully this government has also changed the program to make it harder for employers to scam the system and also more difficult for employees to scam their employers. Of course, there are exceptions…
One big way that employers and employees can start this relationship on the right foot is by following the rules of the LICP, and making sure that the employer and the employee know exactly what they are required to be doing during their time in the program and also to make sure that the employee and employer are also moving forward with plan for once the program ends so that the employee is making smart decisions about their future and the employer is able to assist and know where they stand regarding their caregiver.
At Intaxicating Tax Solutions, we are on the leading edge around requirements and changes to this program as we offer assistance at every stage of the process – from deciding whether to sponsor a nanny through this program, or hiring a live-out caregiver already in Canada, to the setting up and payroll account with the Canada Revenue Agency (CRA), networking, course suggestions for caregivers and dispute resolution surrounding tasks, requirements and working hours. Our website is www.intaxicating.ca and you can find plenty of materials written by us around the program on the web.
With all that being said, I thought it might be useful to post the link to Service Canada‘s Live-In Caregiver contract.
The best way to get a working arrangement off on the right foot is by making sure that the employer and employee are both clear around requirements and what happens if these requirements need to be adjusted. As a contract is a requiremt of the program for sponsoring a live-in caregiver, those hiring live-out caregivers and those nannies who are living in, but not through a formal program like the LICP, also benefit from having a formal contract in place to keep requirements clear.
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. Before employment begins both parties have to agree to all the work arrangements in the contract which should outline every detail from hours worked, to amounts renumerated to specific tasks and vacation pay. It’s like going to get a job anywhere else in the world, where you sign the contact before your employer agrees to hire you and having a formalized contract as part of this program helps prevent employers from taking advantage of nannies and allows nannies to understand what they are getting into to before they agree to start work.
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… I also hear and read in parenting groups 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? I suspect that answer is no.
Now that the contract is part of the application process – prospective nannies who come to apply to the program here, http://www.cic.gc.ca/english/work/caregiver/apply-how.asp, now understand that there are tight guidelines governing their requirements and rights, as well as the employers. 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 positive LMO is issued to the employer by the government after a lengthy review of the submitted documents where the information is verified, a phone interview is conducted, and if everything checks out, 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
•hours of work
•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 and the use of an alternate contract format may cause delays to the processing of the LMO application as HRSDC and Service Canada officers will need to determine if the contract complies with LCP requirements. A copy of that contract can be found here.
Before you jump into hiring an employee through the Canadian Live-in Caregiver program, or someone already in Canada, make sure that you have all the requirements covered and that you and your employer are on the same page. If you would like further information or have questions, please feel free to post them in the comment section, or contact us at firstname.lastname@example.org. You can find details around our T4/T4 summary services, our payroll services or our consultation services on our website or by contacting us.