C.A.A. Manpower Corp.
"Helping The World To Work"
POEA License No. 374-LB-073002-R
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C.A.A. Manpower Corp. "Helping The World To Work" POEA License No. 374-LB-073002-R
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In Canada work as Caretakers/ Nursing Aides
APPLYING FOR A JOB IN CANADA Documents to Prepare § Resume/Biodata § School Credentials & Transcript of Records (High School and/or College Diploma authenticated by DECS or CHED) § Trade Test/ Care Giving Training Certificate § Employment Certificate/s § Birth Certificate (authenticated by the National Statistics Office) § Passport § NBI Clearance § 2 passport size pictures Procedures for Agency Hire 1. Verify agency license and job order with POEA (Hotline 722-1144/55) 2. Apply with the agency (If selected) 3. Undergo Medical Examination at a DOH accredited clinics (3 days (While waiting for visa (2 months) 4. Attend PDOS at an accredited PDOS provider (1 day) & POEA Employment Counseling and Authentication of Fees & Salary Declaration Seminar (1/2 day) 5. Obtain e-Receipt & e-Card The e-Card § Multi-purpose card § Proof of OWWA membership § ATM card for remittance purpose The e-Receipt § Exit Permit § Proof of payment (POEA Processing Fee, OWWA Membership Contribution & Medicare Coverage) § Travel Tax & Airport Terminal Fee Exemption WORKING IN CANADA Terms
and Conditions of Employment The Live-in Caregiver Program
Caregiver’s are protected As a live-in caregiver, you have legal rights
respecting fair working conditions and fair treatment under employment standards
legislation in most provinces and territories. Nothing in your contract must
violate these rights. Employment standards legislation may cover rights in areas
such as:
Public holidays are days during the year when most
workers, including live-in caregivers, can have the day off with pay or receive
a premium if they work. In Canada, some common holidays are New Year's Day
(January 1), Good Friday (Easter), Victoria Day (late May), Canada Day
(July 1), Labour Day (early September), Thanksgiving (mid-October) and
Christmas Day (December 25). Some provinces or territories have one or two
additional public holidays. Working conditions, such as minimum hourly wages,
vary widely in Canada according to provincial or territorial law. It is your
responsibility to find out what employment protection is offered by law in the
province or territory where you are working. A list of ministries responsible
for labour standards is included at the end of this booklet. 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
and
food. 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. Working Conditions You have the right to your privacy in your
employer's home, you should ask for a lock on the door of your room as well as a
key to the employer's house. Off-duty time is yours to spend as you wish.
Your employer cannot insist that you spend your own time in his or her house. You
also have the right to refuse to do work that is not covered by your contract
with your employer. 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. Abuse Abuse can take many forms. It can include criminal
acts such as assault, sexual assault or negligence; it can be human rights
violations such as harassment, verbal taunting or behaviour towards you that is
degrading or humiliating. It can be a threat or a false accusation by your
employer meant to frighten you into not complaining. Depending on the nature of the incident, abuse
may be an offence under the Criminal Code or a violation under provincial or
federal human rights legislation. Do not confront your abuser. Inform the police or
the responsible provincial or territorial authorities and let them take care of
the investigation. A domestic worker advocacy group
may also be able to provide you with counselling and support in a
situation of abuse. A list of these groups is provided at the end of the
booklet. Knowing the rights You should not accept ill treatment from your
employer. Know your rights and be familiar with the conditions of your contract.
Under most provincial and territorial labour laws, employers cannot refuse
to pay you for overtime work or force you to work excessive hours, nor can they
have you deported if you refuse or complain. You should find out the
maximum amount that your employer can legally deduct for room and board from
your salary, and how meal charges will be calculated. Charges for meals not
eaten at your employer's home cannot be deducted from your salary. Can I refuse to
work for personal or religious reasons? There should be a clear understanding in the
contract of the hours you are required to work and your time off, including
holidays and vacations. Requirements for time off to deal with special matters
should be cleared with your employer before you sign a contract. You have the
right to refuse duties that are not in your contract. How much should be
the caregiver paid if asked to work extra hours or during a day off? The amount should be based on standards set by your
provincial or territorial department of labour under employment standards
legislation. You should be paid for overtime according to the law or as
specified in your contract if the amount in the contract is higher. If you need help If your employer treats you unfairly, you can call
or write to the nearest provincial or territorial labour standards office. Your
employer cannot penalize you for complaining to these agencies. The agency may
ask if you have tried first to resolve the problem by talking to your employer.
Your employer may not realize that there is a problem, and you may be able to
solve it by letting your employer know how you feel. In some
locations, there are also professional support networks for live-in domestics or
caregivers. There is usually no charge for these services. In some cities, there
are telephone services that provide recorded information on legal matters free
of charge. Workers' compensation Many provinces and territories provide for workers'
compensation benefits. The Workers' Compensation Plan is a provincial or
territorial government insurance plan that will pay your wages if you get sick
or are injured on the job. In some provinces or territories, employers must
register their employees in the plan; in other provinces or territories,
participation is up to the employer. Since the plan is
an insurance plan for employers, only the employer pays for it. Your employer
cannot deduct money from your wages
for this purpose. If workers' compensation is optional in the province or
territory in which you will be working, it should be spelled out in your
employment contract whether your employer will be participating in the plan.
Check the government section of the telephone directory for information on
workers' compensation. Find out how to protect yourself and what steps to take
if you have an accident at work. Other benefits: Employment Insurance, Canada Pension Plan
and Old Age Security As a live-in caregiver in Canada, you are covered by
Employment Insurance (EI). The purpose of EI is to provide you with benefits if
you lose your job through no fault of your own. You may be eligible to receive
benefits while you are looking for another job. However, Live-in Caregiver
Program participants are expected to find a new employer as soon as possible.
While you are working, you pay into the EI account through payroll deductions.
The amount deducted depends on how much you earn. Your employer also pays into
the EI account on your behalf. Your employer must remit both your deduction and
his or her contribution to the government. If you lose your job, the EI account
will pay you benefits if you qualify. The Canada Pension Plan (CPP) is another plan to
which both you and your employer must contribute. The CPP provides for the
payment of a retirement pension as early as age 60 if you are no longer working
or are working very few hours. The plan also pays disability pensions as well as
benefits to the spouse or common-law partner and dependent children of
contributors who die. Before you can receive any benefits, you must meet certain
conditions of eligibility, including residence requirements. For example, if you
work in Canada for only one or two years and then return to your country of
previous residence, you will not qualify for a pension. Other deductions from your pay In addition to an agreed-upon amount for room and
board, your employer can also deduct income tax from your pay. Your employer
must send a record of your wages and deductions to the Canada Customs and
Revenue Agency (CCRA) every year. Your employer must also give you a copy of
this record by the end of February each year, in the form of a T4 slip. This
form will allow you to file your income tax report by April 30 of each
year. Depending on the amount of your earnings in the taxation year (which runs
from January to December), you may be refunded all or part of what you paid for
that year in income tax. Changing jobs Occasionally, live-in caregivers have reason or need
to change employers. You do not need permission from your present employer to
accept a job as a live-in caregiver with a different employer. You cannot
be deported for quitting your job or for looking for other employment as a
live-in caregiver. If your work permit is about to expire and you have
not yet found a new employer, or the HRCC confirmation has not been processed,
send your application to renew your work permit and a letter of explanation to
the Case Processing Centre, Vegreville, Alberta, T9C 1C1, at least three
weeks before the expiry date of your work permit. Be sure to include your file
number, full name and date of birth, and keep a copy for yourself. Do not allow
your work permit to expire, even for one day. It is your responsibility to keep
your work permit valid. Quitting a job You will improve your chances of getting another job
if you have worked in one job for a considerable period of time. Before quitting
your job (unless there are problems of abuse) you should try to solve your work
problems by talking about them with your employer. It is reasonable for you and
your employer to revise your contract periodically to be sure that it is
suitable to both of you. Talk with your employer before taking any action to
quit your job. If you decide to quit, give your employer enough notice so that
arrangements can be made for your replacement. Check your contract to find out
how much notice you have agreed to give your employer. However, you are
encouraged to leave a physically abusive situation right away. Breaking the contract If you leave your job, your employer must provide
you with a record of employment (ROE). Only your employer can get and complete
this document. The ROE shows how many weeks you have worked and how much you
have earned. You will need this record to apply for EI benefits. If you are not
applying for EI benefits, keep your ROE in a safe place. It is your work record
and can serve as proof that you have worked the necessary length of time to
apply for permanent residence as set out in the Live-In Caregiver Program
regulations. Your employer cannot refuse to give you a record of employment. If
you are having difficulty getting your ROE, contact your local HRCC and ask
officials to follow up with your employer. If you lose your job If you need to apply for EI benefits, contact the
HRCC nearest you. You will need your record of employment to collect these
benefits. If you have not yet received your record of employment, you can still
apply for EI. You will be expected to find a new employer as soon as possible.
If you wish to apply for permanent residence after you have worked for two years
as a live-in caregiver, the two years of work must be completed within three
years of your arrival. Periods of unemployment can delay the date on which you
can apply for permanent residence and could also cause you to exceed the three
years within which you must complete your two years of work. 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 have
ended. You will not be able to get the ROE unless you have previously registered
as an employer. Deductions You must make the following deductions from your
employee's pay:
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. 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. 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. How much should I
be paid if I am asked to work extra hours or during a day off? The amount should be based on standards set by your
provincial or territorial department of labour under employment standards
legislation. You should be paid for overtime according to the law or as
specified in your contract if the amount in the contract is higher. Can I return to my
home country for a vacation? Yes, but there are several facts you should be aware
of. Your vacation entitlement should be specified in your contract with your
employer. If you take a longer vacation than you have agreed to in your
contract, you could lose your job in Canada. If your home country has a Canadian temporary
resident visa (TRV) requirement, you may have to reapply for a TRV before you
can return to Canada. This could take time. If you remain outside Canada for more than one year,
or if your work permit expires while you are outside Canada, you will have to
reapply to return to Canada under the Live-in Caregiver Program. Can I fire
an incompetent employee? Yes. If an employee does not carry out the duties as
agreed to in the contract, you can give him or her the required notice or pay in
lieu of notice. Am I responsible if
my employee becomes sick, has an accident, is hospitalized or needs home
recovery? Your employee is entitled to sick leave as specified
in provincial or territorial legislation. Do not force your employee to work if
he or she is ill. Your employee should be covered under the required health or
workers' compensation plan of the province or territory of work. Your
responsibility would depend on the coverage provided under these plans. Your
employee may also be eligible to collect Employment Insurance sickness benefits. Important Reminders § It is illegal for employer to keep the workers passport, ARC, and money. § Worker cannot change employer or job without the approval of Canada Immigration & Citizenship. § Upon arrival in Canada, arrange for 90 day medical coverage to bridge the gap between MSP coverage startup.. COUNTRY PROFILE
Geographic Profile
Location
Northern North America, bordering the North
Atlantic Ocean on the east,
North Pacific Ocean on the west, and the Arctic Ocean on the north, north
of
the conterminous US Total land area total:
9,984,670 sq km Climate 4 Seasons (winter, spring, summer & fall)
Capital
Ottawa The Canadian People Population32,805,041 (July 2005 est.) Language
English 59.3% (official), French
23.2% (official), other 17.5%
Religion Roman Catholic 46%, Protestant
36%, other 18% The Government confederation with parliamentary
democracy
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