Guardian Angel Care Inc.

We Do Not Sponsor Live In Caregivers 

But we will advertise, recruit, and screen , on your behalf on a fee basis.

Additionally we will be pleased to quote you on monthly live in care worker that we would employ and manage.

 

We Conform to  ESA Regulations 

The Live-in Program

The Live-in Caregiver Program was established by the Canadian government to assist  its citizens to receive help with taking care of their loved ones . A foreign caregiver is  brought into the Canada where a lack of Canadian professional caregivers are available.

To take part in this government program certain steps must be taken. 
Please click here to find out exactly how the Live-in Caregiver Program works according to the HRSDC (Human Resources and Skill Development Canada).

 Please note that sections 2 and 3 of the hiring steps are a part of the services we provide for you , as your chosen caregiving agency.

To determine if you are eligible for hiring a foreign live-in caregiver please review:

Requirements from Future Employer:

1.The job employer's offer must contain caregiving duties for a senior, elderly or disabled person in a private household.

2. The employer must provide acceptable working conditions, reasonable duties and fair market wages. They must also provide accommodation that ensures privacy, such as a private room with a lock on the door.

3. A live-in caregiver is protected by employment standards legislation in most provinces and territories. Therefore, 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.

4. The requirements state that sufficient advertising efforts must be conducted by the employer in order to find qualified Canadians or foreign workers already in Canada before applying to hire foreign live-in caregivers.

5. The employment must be full-time and the Employer is not allowed to share the Caregiver's services with another Employer.

The Live-in Caregiver Program
Human Resources + Skills Development Canada
http://www.cic.gc.ca/english/work/caregiver/index.asp
Citizenship & Immigration Canada
http://www.cic.gc.ca
The Ontario Ministry of Labour
http://www.labour.gov.on.ca/english/

Canada Customs + Revenue Agency
http://www.cra.gc.ca

.

Our Live In Care by qualified Canadians or foreign workers 

already in Canada typically costs $180.00-$200.00+gst per day 

The information that is provided below is to assist you in understanding the responsibilities that you have if YOU advertise and recruit a live in caregiver on your own or thru an agency.

"Research studies and national consultations have already identified a number of equality and human rights issues resulting from the LCP," states the position paper, "including increased vulnerability to abuse, including rape, because of the mandatory live-in requirement and their temporary immigration status." 

The paper also wants a crackdown on unlicensed, unregulated "agencies" that charge thousands of dollars for their services. Some of the more shadowy outfits bring people for jobs that don't exist, filing elaborate but fake applications from "employers" which somehow slip by federal scrutiny. 

"They're employers in paper only. So there's a conspiracy between recruiters in the Philippines and people (agencies) here just to get money from some of the caregivers and not really provide them with employment," says Agnes Mae Manasan, co-ordinator of the Immigrant Settlement and Adaptation Program, Catholic Community Services of York Region. 

http://www.guardian-angelcare.com/caregiverabuse.htm

Statutory Holidays 

Don't be fooled by agencies that charge $2300.00+gst fee for assisting you in securing a foreign workers. 

You would still be required to conform to all established rules noted below.  The fee does NOT cover the cost of providing the salary to the live-in care worker. 

And you must offer a 2 year job for the foreign worker.

Whereas with Guardian Angel Care live out services you may cancel with 24 hrs notice.

Working temporarily in Canada: The Live-In Caregiver Program

Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in caregivers must live in the private home where they work in Canada.

Both the employer and the employee must follow several steps to meet the requirements of the Live-In Caregiver Program. If you are an employer, see Information for Canadian employers on the right-hand side of this page.

To work as a live-in caregiver in Canada, you must make an application to the Live-In Caregiver Program. If your application is successful, you will receive a work permit. To find out if you are eligible for a live-in caregiver work permit, see Who can apply at the bottom of this page.

 

Live In Care Workers Are Protected By Canadian Law

If you recruit thru one of these Agencies OR thru an advertisement in  the local classified newspaper You Are Responsible For The Caregivers Total Wages UIC, CPP, WSIB, Insurance! 

http://www.guardian-angelcare.com/caregiverabuse.htm

And These Are The Facts Of Employment Standards In Canada

To hire under the aforementioned conditions you must sponsor a foreign Caregiver for 2 years.

And  you must be prepared to pay according to Canadian employment standards...please review the facts below

Does the ESA cover domestic workers?

Yes. Domestic workers have the same rights as other employees in Ontario workplaces under the ESA.

In the past, ‘domestic servants’ were exempt from a number of parts of the employment standards laws, while ‘domestics’ were exempt from others. There is no longer a distinction between a domestic and a domestic servant.

What rights do domestic workers have under the ESA?

The ESA contains rules on the following key subjects that apply to most employees in Ontario, including domestic workers:

Note: There are rules about qualifying for some of the ESA protections listed above.

 

This fact sheet provides a brief overview of key employee rights relating to hours of work, minimum wage, overtime, public holidays and vacations.

For further details, see other fact sheets.

What is the minimum wage rate for domestic workers?

The general minimum wage rate applies to domestic workers except to certain students.

Students under the age of 18:

are entitled to the student minimum wage. Students who work more than 28 hours a week when school is in session are entitled to the general minimum wage.

Minimum Wage Rate February 1, 2009
General Minimum Wage $8.75
per hour
Students
(For students under 18 and working not more than 28 hours per week or working on a school holiday.)
$7.50
per hour

Can an employer take into account the provision of room and meals to a domestic worker when calculating minimum wage?

Yes, but there are limits. Room and/or meals (board) shall not be deemed to have been paid as wages unless the employee has received the meals or occupied the room.

An employee’s gross pay, before any deductions are made for such things as Canada Pension Plan (CPP), Employment Insurance (EI) and income tax, must add up to at least the minimum wage for all hours worked. However, the ESA and regulations provide that certain amounts are deemed to have been paid if the employer provides the employee with room or board or both. The amounts that an employer is deemed to have paid for room or board or both are set out below:

Room: weekly

An employer may only deem the provision of room and meals (board) as payment of wages to the employee where the room is reasonably furnished, reasonably fit for human habitation, supplied with clean bed linen and towels and is reasonably accessible to proper toilet and wash basin facilities.

Meals

Room and meals (board): weekly

* These amounts apply only to domestic workers.

Where the employee has been provided with room and/or board, the employer is deemed to have paid the employee the amount allowed for room and/or board. The employer must therefore pay the employee (before deductions for such things as CPP, EI or income tax) the difference between the minimum wage for all hours worked and the amount deemed to have been paid for room and/or board.

Example 1: Week of April 5-11, 2004 (General minimum wage rate = $7.15/hr)

A domestic worker is provided with a private room and three meals a day. The employee worked 40 hours in the week at the minimum wage rate of $7.15 an hour.

The employee’s gross wages are $286.00 (40 hours times $7.15 per hour).

The maximum weekly room and board deduction the employer is allowed to make is $85.25 (see amounts listed above).

Result: In this example the employee’s pay (before deductions for such things as CPP, EI or income tax) is $200.75 ($286.00 minus $85.25).


Example 2: Week of March 7 –13, 2005 (General minimum wage rate = $7.45/hr) A domestic worker is provided with a private room and three meals a day. The employee worked 40 hours in the week at the minimum wage rate of $7.45 an hour.

The employee’s gross wages are $298.00 (40 hours times $7.45 per hour).

The maximum weekly room and board deduction the employer is allowed to make is $85.25 (see amounts listed above).

Result: In this example the employee’s pay (before deductions for such things as CPP, EI or income tax) is $212.75 ($298.00 minus $85.25).

Do domestic workers get overtime pay?

For most employees, including domestic workers, overtime begins after they have worked 44 hours in a work week. After that time, they must receive overtime pay. (See the chart in the “How are You Covered by the ESA” Fact Sheet for jobs where there are exceptions to the usual overtime rules.)

Overtime pay is at least 1˝ times the employee’s regular rate of pay. (This is often called “time and a half.”)

An employee and an employer can agree in writing that the employee will receive paid time off work instead of overtime pay. In this case, the employee must be given 1˝ hours of paid time off work for each hour of overtime worked. The paid time off must be taken within three months of the week in which it was earned or, if the employee agrees in writing, within 12 months.

Overtime pay is calculated on a weekly basis, or if there is a written averaging agreement between the employee and employer, over a period of not more than four weeks.

If an employee’s job ends before he or she has taken the paid time off, the employee must receive overtime pay no later than seven days after the date the employment ended, or on what would have been the employee’s next payday, whichever is later.

What are the maximum hours of work for domestic employees?

For most employees, including domestic workers, the maximum number of hours they can be required to work is:

These hours of work maximums can be exceeded by written agreement between the employee and employer. However, employees cannot work more than 60 hours a week unless the Ministry of Labour’s Director of Employment Standards approves the agreement between the employee and employer. Generally, an agreement can be cancelled with two weeks’ written notice by the employee and reasonable notice by the employer. For further details see the “Hours of Work & Overtime” Fact Sheet.

What hours free from work are domestic workers entitled to?

Most employees, including domestic workers, are entitled to a certain number of hours free from having to work.

Daily

An employee must receive at least 11 consecutive hours off work each day.

This employment standard cannot be altered by a written agreement between the employer and employee. It applies even if:

However, this rule doesn’t apply to employees who are on call and are called in during a period when they wouldn’t normally be working.

Between shifts

Employees must receive at least eight hours off work between shifts.

This requirement doesn’t apply if the total time worked on both shifts is not more than 13 hours. For example, a domestic worker working a split shift or back-to-back shifts in a home wouldn’t need to receive eight hours off between shifts as long as the total time worked on the two shifts did not exceed 13 hours.

An employer and employee can also agree in writing that the employee will receive less than eight hours off work between shifts.

Weekly or Biweekly

Employees must receive at least:

This requirement cannot be altered by written agreement between the employer and employee.

What eating periods and breaks are domestic workers entitled to?

An employee must not work for more than five consecutive hours without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee agree, the eating period may be taken as two shorter eating periods within every five hour period. Together these meal breaks must total at least 30 minutes. This agreement can be oral or in writing.

Meal breaks are unpaid unless the employee’s employment contract requires payment. Even if the employer pays for meal breaks, the employee must be free from work.

Meal breaks, whether paid or unpaid, aren’t considered hours of work, and aren’t counted toward overtime.

Employers don’t have to give employees “coffee” breaks or any other kind of break other than meal breaks.

Employees who are required to remain at the workplace during a coffee break or other type of break other than an eating period must be paid at least the minimum wage for that time. If an employee is free to leave the workplace during the coffee break or other type of break, the employer doesn’t have to pay for the time.

Do domestic workers get public holidays off?

Like most employees, domestic workers who qualify are entitled to take public holidays off work and be paid public holiday pay. Or they can agree in writing to work on the holiday, and the employer must pay the domestic worker wages at his or her regular rate for the hours worked on the public holiday, and give the employee a substitute day off with public holiday pay. However, if the employer and employee agree in writing, the employee is entitled to public holiday pay for the day plus premium pay of at least 1˝ times his or her regular rate for each hour worked on the public holiday.

Domestic workers qualify for public holiday entitlements unless they:

* Employees are generally considered to have “reasonable cause” for missing work when something beyond their control—such as illness, for example—prevents them from working.)

Note: Most employees who don’t qualify for public holiday entitlements would be entitled to be paid premium pay (time and a half) for every hour they work on the holiday.

Domestic workers may be qualified for public holidays whether they are part-time, full-time, permanent or on a defined term contract or students. It doesn’t matter how recently employees were hired, or how many days they worked before the public holiday. [Note however that there are occupations and employees to whom the public holidays part of the ESA does not apply. For more information, please see the “How Are You Covered by the ESA?” and “Public Holidays” Fact Sheets.]

Do domestic workers get vacations?

Most employees, including domestic workers, are eligible for a minimum of two weeks of vacation with pay after each 12 months of employment, starting from the date they are hired.

If the employer establishes a 12-month vacation entitlement year that does not start on the anniversary date of the employee’s hire, the employee is also entitled to a pro-rated amount of vacation with pay for the period (stub period) before the 12-month vacation entitlement year begins.

Vacation pay is calculated as at least four per cent of the employee's “gross” wages (excluding vacation pay and before any deductions, including room and board) earned in the period for which the vacation is being given.

Employees who do not complete either the stub period or the 12-month vacation entitlement year don’t qualify for vacation time. However, employees earn vacation pay as they earn wages, so they will be entitled to four per cent of the wages they have earned as vacation pay.

Vacation pay is due before an employee takes his or her vacation, except when:

Email Here For Live In Rates

For further details, including information about when and how vacation may be taken, see the “Vacation” Fact Sheet.

What information must an employer give a domestic worker?

Domestic workers must get information in writing about their jobs from their employers.

This written information must include:

Domestic workers, like other employees, must receive a written wage statement regarding each pay period, on or before the employee’s payday.

The written wage statement must set out:

Vacation Information Statements

If the employee has agreed to the payment of accrued vacation pay on each pay day, the amount of vacation pay paid must be set out separately from the other information on the wage statement or it can be provided on a separate statement.

In all other cases, the employer is required to provide employees with at least one statement providing information about vacation time and pay for each completed vacation entitlement year or stub period, on the written request of the employee. See the “Vacation” Fact Sheet.

What kind of information must employers keep?

All employers in Ontario, including anyone who employs domestic workers, must keep written records about each person they hire.

Employee records may be retained either by employers or by someone else on their behalf, but must be readily available for inspection. The period of retention varies depending on the information. For example, the employee’s name, address and starting date must be retained for three years after the employee ceases to be employed. The number of hours the employee worked in each day and week must be retained for three years after the day or week in question.

Each employee’s written record must contain:

Note: An employee is entitled to information about his or her vacation time and pay entitlement once per year, on written request to the employer. 

Exception to the rule: hours of work records

If a domestic worker receives a fixed salary for each pay period, and the salary doesn’t change unless the domestic worker works overtime, the employer is only required to record:

What if the employer does not follow the ESA?

If an employee thinks the employer is not complying with the ESA , he or she can call or visit the nearest Ministry of Labour office to discuss a particular situation or to file a complaint. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer - including an order to comply with the ESA. The ministry has a number of options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to comply, an order to compensate, an order to reinstate and/or a notice of contravention, or issuing a ticket or otherwise prosecuting the employer under the Provincial Offences Act.

Important Facts for Employers:

Under Canadian law, all employers must:

For more information, please contact Canada Revenue Agency. The telephone number is in the government blue pages of your telephone directory, under "Taxes."

Under Ontario law, anyone who employs a full-time domestic worker must register with the Workplace Safety and Insurance Board (WSIB).

Contact WSIB at:
Telephone: 416-344-1000 in the Greater Toronto area or 1-800-387-0750 in the rest of the province. For TTY phone 1-800-387-0050.

For immigration concerns:

Please contact your nearest Citizenship and Immigration Canada office. The telephone number and address are in the government Blue Pages of your telephone directory under "Citizenship and Immigration."

Employment Standards Information Centre
416-326-7160 or 1-800-531-5551

Need More Information

 

 

Domestic workers employed by a householder. Provides services in the household or care, supervision or personal assistance to children, senior or disabled members of the household. Does not include a sitter who provides care, supervision or personal assistance to children on an occasional, short-term basis.

Minimum Wage: No deductions for non-private room. For a list of permitted deductions--see the Minimum Wage Fact Sheet.
(Also see Homemakers)

Minimum Wage Hours of Work Daily Rest Periods Weekly/Bi-weekly Rest Periods Eating Periods Overtime Paid Public Holidays Vacation With Pay Pregnancy, Parental, Family Medical and Emergency Leave Termination Notice/Pay
C C C C C C C C C C

 

 

Under the Employment Standards Act, 2000 (ESA), the maximum number of hours an employee can be required to work is:

http://www.gov.on.ca/LAB/english/es/bulletins/ib_4hours_1.html

Employees may work up to a specified number of hours in excess of 60 per week if they agree in writing to do so and the Director of Employment Standards approves the agreement. The limits on hours of work can be exceeded if there are “exceptional circumstances” as set out in s. 19 of the ESA.

The ESA also requires that employees be given a certain number of hours during which they are free from work:

Daily Rest Provision - S. 18(1)

An employee must have at least 11 consecutive hours free from performing work in each “day”. (This requirement does not apply to an employee who is on call and is called in during a period he or she would not otherwise have been expected to work.)

What is a “Day”?

A “day” means a 24-hour period; it does not have to be a calendar day. The Employment Standards Program uses the following interpretation of “day” in the context of s. 18(1):

This interpretation of “day” means that the “days” do not have to be consecutive. That is, there can be gaps of time in between the end of one “day” and the beginning of the next “day”, but only if the employee did not work during that time.

This interpretation of “day” also means that “days” cannot overlap with other “days” for that employee. That is, the beginning of a day cannot be any earlier than the end of the previous day.

*A new work cycle begins after every rest period of 24 hours or longer. It is not necessarily the same period as a “work week” as defined in the Act.

http://www.gov.on.ca/LAB/english/es/bulletins/ib_4hours_2.html

What employers can deduct for room and board

The amounts that an employer is deemed to have paid to the employee as wages for room or board or both is set out below:

What happens if an employee comes in to work his or her shift, but is sent home after working less than three hours?

When an employee is required to report to work, but works less than three hours, he or she must be paid whichever of the following amounts is the highest:

For example, if an employee is paid $10.00 an hour and works only two hours, he or she is entitled to three hours at minimum wage (e.g., $7.15 x 3 = $21.45)-instead of two hours at his or her regular wage (10.00 x 2 = $20.00).

This is called the "three-hour rule."

The rule doesn't apply to:

What if the employer does not follow the ESA?

If an employee thinks the employer is not complying with the ESA , he or she can call or visit the nearest Ministry of Labour office to discuss a particular situation or to file a complaint. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer - including an order to comply with the ESA. The ministry has a number of options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to comply, an order to compensate, an order to reinstate and/or a notice of contravention, or issuing a ticket or otherwise prosecuting the employer under the Provincial Offences Act.

What happens when the minimum wage changes?

Beginning February 1, 2005, if the minimum wage rate changes during a pay period, the pay period will be treated as if it were two separate pay periods and the employee will be entitled to at least the minimum wage that applies in each of those periods.

Minimum Wage Rate January 1995 February 1, 2004 February 1, 2005 February 1, 2006 February 1, 2007
General Minimum Wage $6.85 per hour $7.15
per hour
$7.45
per hour
$7.75
per hour
$8.00
per hour
Student Minimum Wage $6.40 per hour $6.70
per hour
$6.95
per hour
$7.25
per hour
$7.50
per hour

http://www.gov.on.ca/LAB/english/es/factsheets/fs_covered.html#homeworkers_third

 

Guardian Angel Care Inc.