Form Esdc Emp5604 E – Fill Out and Use This PDF

IN-HOME CAREGIVER EMPLOYER/EMPLOYEE CONTRACT

All information and clauses set out in this employment contract template must be addressed if applicable in all Caregiver Employer/Employee contracts to enable ESDC/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 - Caregiver

Note: provide employee's current address, i.e. address abroad if foreign worker is still living abroad 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:

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1. EMPLOYEE'S PLACE OF WORK

Will the EMPLOYEE work at EMPLOYER's residence in Canada as indicated above?

If no, provide the details of where the EMPLOYEE will work:

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):

1.

2.

3.

4.

5.

If more space is required, add an annex to this contract and cross-reference.

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 successfull entry into Canada.

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4. Job description

The EMPLOYEE agrees to provide services as a caregiver in the home of the person requiring care.

Details of person(s) requiring care:

			Type of care
Last Name	Given name	Age	(child, elderly person or a person with a
			disability, chronic or terminal illness)
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.):

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 paid or unpaid meal break.

number of paid

or unpaid

minutes.

4.

The EMPLOYEE shall be entitled to

health breaks of

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.

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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 the overtime hours of							(e.g. 1.5 X regular rate) after

(e.g. after 44 hours a week).

12.The EMPLOYER agrees to review and adjust the EMPLOYEE's wages at least once a year to ensure they meet or exceed the prevailing wage rate for the occupation in the region where the EMPLOYEE shall be employed.

13.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.

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.

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

In the case the EMPLOYEE does not reside in the EMPLOYER's home, the EMPLOYER agrees to ensure that affordable and suitable accommodation is available for the EMPLOYEE (applies to lower-skilled occupations only).

1.In the case where the EMPLOYEE resides in the EMPLOYER's home the EMPLOYER agrees to provide the EMPLOYEE with meals, where applicable, and an adequate, properly heated and ventilated room AT NO COST. 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.

2.The EMPLOYER shall provide the EMPLOYEE with independent access to the residence (for example, house keys, security code) where the EMPLOYEE resides.

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3. The EMPLOYER agrees to provide the employee with (check if applicable):

Private Bathroom

Telephone access (no charge)

Radio (in his/her room)

Television (in his/her room)

Internet access (no charge)

Other, specify:

Description of EMPLOYEE's room and furnishings:

8. Transportation costs - THIS SECTION IS NOT APPLICABLE TO HIGHER-SKILLED OCCUPATIONS

Use the appropriate clause according to the situation. Strike out the clause which does not apply.

1.In the situation where the caregiver resides abroad:

The EMPLOYER agrees to pay the EMPLOYEE's transportation costs for the round trip travel from his/her country of permanent residence or of current residence to the place of work in Canada, namely from

	to
(country of permanent residence or of current residence)		(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 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
(current Canadian address)	(new place of work in Canada).

The EMPLOYER also agrees to pay for the return transportation cost of the EMPLOYEE to his/her country of permanent residence. It is the EMPLOYER's obligation and responsibility to pay for the transportation cost and it 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.

NOTE: Transportation costs include the purchase of tickets for a caregiver to travel by plane, train, boat or bus from his/ her country of permanent residence or of current residence to the location of work in Canada. If caregiver is already in Canada, transportation costs include the worker's travel to the new location of work. The mode of transportation must have the least negative impact on the caregiver in terms of travel time, expenses and inconvenience. Travel costs do not include for example, hotels, meals and miscellaneous expenses during the worker's travel to Canada or the new place of work in Canada.

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3.If there is a termination of the employer-employee relationship and the EMPLOYEE is hired by a NEW EMPLOYER who has a neutral or positive Labour Market Impact Assessment (LMIA) under the Lower-skilled Occupation Stream, the EMPLOYEE shall release the ORIGINAL EMPLOYER with the obligation of his/her return transportation cost to his/her country of permanent residence. The NEW EMPLOYER is responsible for the EMPLOYEE's transportation costs to the new location of work in Canada and back to the EMPLOYEE 's country of permanent residence. The EMPLOYER is obliged to and responsible for paying the transportation costs (i.e. the ORIGINAL EMPLOYER pays incoming transportation costs and the NEW EMPLOYER pays for the return transportation costs to the country of permanent residence). These costs cannot be passed on to the EMPLOYEE (i.e. EMPLOYEE pays for his/her own transportation on behalf of the EMPLOYER and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from foreign workers.

NOTE: Temporary foreign workers who change jobs must ensure that their work permits are modified accordingly and EMPLOYERS who hire temporary foreign workers already in Canada must apply to ESDC/Service Canada for an LMIA and obtain a neutral or positive opinion.

9.Health care insurance - THIS SECTION IS NOT APPLICABLE TO HIGHER-SKILLED OCCUPATIONS

1.The EMPLOYER agrees to provide health care insurance of similar 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) - THIS SECTION IS NOT APPLICABLE TO HIGHER-SKILLED OCCUPATIONS

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. The parties agree to abide by provincial/territorial labour/employment standards regarding written notice of resignation.

It is recommended that a copy of the relevant portions of provincial/territorial labour standards be attached as an appendix.)

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. The parties agree to abide by provincial/territorial labour/employment standards regarding written

notice of termination of employment.

It is recommended that a copy of the relevant portions of provincial/territorial labour standards be attached as an appendix.)

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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.

EMPLOYER #1:
Given name (print):					Surname (print):
EMPLOYER'S Signature:					Date (YYYY/MM/DD):
EMPLOYER #2 (if applicable):
Given name (print):					Surname (print):
EMPLOYER #2 Signature:					Date (YYYY/MM/DD):

Add above information and signature of all EMPLOYERS listed on this employment contract.

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.

Given name (print):			Surname (print):
EMPLOYEE'S Signature:			Date (YYYY/MM/DD):

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