Introduction The purpose of this booklet is to provide people working under the Live-in Caregiver Program (LCP) in Qubec

with information about their rights. Workers under this program complete 24 months of live-in domestic work over the course of 4 years, after which they may apply for permanent residency. The LCP is run by the Canadian federal government, through Citizenship and Immigration Canada (CIC) and Human Resources and Skills Development Canada (HRDSC), but labour laws and health insurance are run by provincial governments. So, while this guide has some information relevant to all LCP workers, the majority of information is specific to people working in Qubec. The Resources section is specific to Montreal. As of April 1st 2010, several changes have been made to the LCP. These changes include: the elimination of the second medical exam; the extension of the time during which a caregiver can complete the required 24 months from 3 years to 4; the addition of the requirement that employers provide health and employment insurance for caregivers, and pay for their travel and recruitment costs. While these are all positive changes that will assist caregivers in the short-term, they dont get to the root of the problem. A caregivers prospects of getting permanent residency depend upon their ability to complete the required 24 months within four years this means that they have a disincentive to report instances of abuse or to leave their employer, since these actions can result in lengthy delays while finding a new employer and applying for a new work permit. Further, the live-in requirement puts caregivers in a particularly vulnerable position and blurs the line between home and work, meaning that caregivers often work overtime hours for which they are not remunerated. This booklet was compiled for PINAY, a Filipino Womens Organization that works in Montreal and Qubec to empower and organize Filipino women, particularly Filipino domestic workers. Most PINAY members are migrant workers under the Live-In Caregiver Program (LCP). For 18 years Pinay has brought together domestic workers and their supporters together in the struggle for basic rights and welfare. If you are a caregiver looking for support, or if you wish to get involved with PINAYs organizing, you can contact them by sending an email to pinaycan@yahoo.com or by calling them at 514364-9833. You may also wish to refer to the Immigrant Workers Centre (IWC) if you are looking for support or more information about your rights as a Live-in Caregiver. The IWC is an education and campaign centre for immigrant workers in Montreal. Please see their contact information in the Resources section. Throughout this booklet well be referring to a range of organizations lets break down their acronyms: CAQ- Qubec Acceptance Certificate

CIC Citizenship and Immigration Canada CSST - Commission de la Sant et de la Scurit du Travail du Qubec, also known as Workers Compensation EI Employment Insurance HRSDC Human Resources and Skills Development Canada IWC Immigrant Workers Centre LCP - Live-in Caregiver Program LMO Labour Market Opinion MICC Ministre de limmigration et des Communauts culturelles PINAY Filipino Womens Organization in Qubec RAMQ - Rgie de lassurance maladie du Qubec, the Qubec Health Insurance Board ROE Record of Employment Placement Agencies As of April 1, 2010, your employer is required to pay the full cost of your recruitment. If your employer has paid fees to a recruitment agency, they are not allowed to make you pay them back or deduct this money from your pay. If you were charged money by a recruitment agency, your employer has to pay you back for these fees (make sure to keep written proof of any payments you have made). Case Study: Super Nanny and Mr. John Aurora Recently, PINAY filed a complaint with the Commission des droits de la personne et des droits de la jeunesse about Mr. John Aurora who runs the recruitment company Super Nanny. Mr. Auroras company has a history of signing employment contracts with caregivers based on false and fraudulent information. When these caregivers arrived in Canada, they found themselves without an employer and were told that they would have to wait for a new employer to be found. During this waiting period, many of them ended up sleeping on the floor in a room next to Mr. Auroras office and doing work in the building for which they were not paid. Mr. Aurora also has a rooming house with 15 apartments in it. Since its operation, he rented rooms to Filipino women who were waiting for his agency to find them an employer and get them a work permit. He pressured them to sign a one-year lease, meaning that they would agree to pay him rent every month for a full year. He refused to give them a copy of the lease, which is illegal. Mr. Aurora then found an employer for each caregiver with whom they had to reside, even though they had already legally agreed to pay him rent for a full year! Around 30 women have passed through Mr. Auroras rooming house at a given time. Be aware of recruitment agencies such as JA Enterprise-Super Nanny; before signing a lease to live outside of an employers home, consult with PINAY or the Immigrant Workers Center (see Resources). They can provide you with useful support and advice in such a situation. Travel Costs

As of April 1, 2010, your employer is required to pay your travel costs to your new place of work. These costs include the most convenient, cheapest and shortest form of transportation, but not meals or accommodation along the way. You should not pay these costs at any time, even with the promise of being paid back. Employers You do not need to ask permission from your employer to contact an association or government agency concerning your rights, or to file a complaint against them. You cannot legally be punished or deported for doing so. It is illegal for your employer to withhold your legal documents (e.g. passport, work permit). Changing employers You are free to change employers for any reason. You can not be punished deported for doing so, but you will need to apply for a new work permit (at least 30 days before the expiry of your current permit) before beginning your new job. Working for someone without proper work document is considered illegal work, and could result in deportation. If you want to quit your job, you need to give your employer written notice at least a week in advance, and you need to inform the Ministre de lImmigration et Communauts culturelles. In Qubec, you must renew your Qubec Acceptance Certificate (CAQ) before applying for a new work permit. To renew your CAQ, send the following documents to your new employer, who will forward them on to the Ministre de l'Immigration et des Communauts culturelles (MICC): - the Live-in Caregiver contract of employment already filled out by your employer and signed by you; -a copy of an approved Labour Market Opinion by Service Canada; -a job offer letter from your new employer; - the application for a Qubec Acceptance Certificate for Temporary Work, completed and signed by you; - 2x cheques of $175 each (from employer and employee) a fee levied to review the application; - a copy of the last valid work permit; - a copy of your last notice of assessment or your last tax information slip (T4), if applicable; - a copy of your previous employers letter of release.

For more detailed information, see http://www.immigrationQubec.gouv.qc.ca/en/immigrate-settle/temporary-workers/newautorizations/extension/index.html. When you receive your CAQ, you will then need to renew your work permit with Citizenship and Immigration Canada as soon as possible. This will cost $150. From your original employer, you will need: - a record of your overtime - a Record of Employment (ROE)* which includes: o your reason for leaving o total hours worked o gross earnings o total amount paid and/or payable at the time of leaving * Only your employer can give you an ROE, but they are legally bound to do so. If you cannot get an ROE from your employer, contact an HRSDC/Service Canada office (see Resources) and they will force your employer to comply. Make sure you get the ROE; you will need this record of your work to apply for permanent residence. From your future employer, you will need: - a Labour Market Opinion (LMO), which your employer must apply for through the HRSDC - a contract signed by you and your future employer (for a Qubec specific contract template, see http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questionsanswers/lcp.shtml#Q01 ) * * If your work permit will expire very soon and your new employer hasnt yet sent you the documentation you need, you can send your application along with a letter of explanation at least 30 days before your work permit expires, to the Case Processing Centre (see Resources). Send the above two documents along with your application. See http://www.cic.gc.ca/english/work/caregiver/apply-how.asp for more detailed steps as to how to apply for a new permit or http://www.cic.gc.ca/english/work/caregiver/applyextend.asp for steps on how to extend your permit. You can check the national Job Bank or your local HRSDC service center (see Resources) for postings about new jobs.

Losing Your Job and Employment Insurance If your employer wants to fire you, they have to give you one weeks written notice if youve been working for less than a year, and two weeks notice if youve been working for 1-5 continuous years for them. If you get fired from your job, you are entitled to collect Employment Insurance (EI). Bring your ROE to your local HRSDC center (see Resources) to apply for EI. If you dont yet have your ROE, you can still apply for EI; your local HRSDC will contact your employer and force them to give you your ROE. Abuse If you are in an abusive situation, you should leave right away. For support in such a situation, contact PINAY (see Resources). According to Citizenship and Immigration Canada, abuse can take many forms. It can be assault, sexual assault or negligence. Each of these is a criminal act. It can be harassment, verbal mocking or behaviour toward you that is degrading or humiliating. Each of these is a human rights abuse. It can also be a threat, a lie or a false accusation by your employer meant to scare you into not complaining. http://www.cic.gc.ca/english/information/faq/work/caregiver-faq03.asp Psychological Harassment You are covered under the Act Respecting Labour Standards for psychological harassment on the job. Psychological harassment at work is defined as repeated conduct, verbal comments, actions or gestures:

that are hostile or unwanted; that affect the employees dignity or psychological or physical integrity; that make the work environment harmful.

It also can include sexual harassment at work and harassment based on race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, ethnic or national origin, social condition, or handicap. If you feel like you are being psychologically harassed on the job, you can make a complaint to the Commission des normes du travail, but you will need to prove that the behaviour conforms with the above definition of psychological harassment. You will need to file this complaint within 90 days of the last incident. Try to write down incidences of harassment the CNT will probably want to know exactly what happened and when

For more information, see http://www.cnt.gouv.qc.ca/en/plaintes-etrecours/psychological-harassment/index.html. If youre thinking about filing a complaint for psychological harassment, PINAY could be a good resource for you. Living Conditions All your meals should be provided free of charge. The terms of your work permit require that you live in your employers house, but that your room should: - be closed and have a lock for which you have a key (you should also have a key to your employers house); - be furnished; - have proper heating and ventilation; - not have visible or structural damages. If your living conditions do not meet these standards, you can file a complaint with the Commission des normes du travail. PINAY is involved in a campaign to eliminate the live-in requirement for workers under the LCP. Get in touch with them for more information. Payment As of May 1, 2010, the minimum wage that your employer can pay you is $9.50 per hour. See http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/advertReq/wageadreq.shtml #tphp for changes to the Qubec minimum wage or for minimum wage rates in other provinces. With every paycheque, your employer must give you a statement of earnings including how many hours you worked, the total amount paid to you, and the gross pay before any deductions. The amounts deducted, which include Employment Insurance and Qubec Pension Plan payments, will also be shown. Every year, your employer will file this information with the Canada Revenue Agency and you will receive a T4 slip by the end of February. T4 slips contain a record of your working history in Canada, and will help you to file your income taxes. Overtime

Legally, youre not supposed to work more than 40 hours per week, and youre supposed to get 2 weeks of paid vacation per year. If you work more than 40 hours/week in Qubec, your employer is obliged to pay you time and a half that is, your wage plus a 50% increase (i.e. for a minimum wage of $9.50 / hr you should get $13.75 for overtime). You can also ask your employer to give you a vacation instead of your overtime pay this vacation can be the same number of overtime hours that you worked augmented by 50% (so, for example, if you worked 4 overtime days your vacation would be 6 days long). This vacation has to be taken in the 12 months following the overtime hours. Time off After working 5 consecutive hours, you have the right to a 30 minute unpaid meal break. If youre not authorized to leave your place of work, then your break has to be paid. Every week you are entitled to a break of 32 consecutive hours, although these hours do not have to fall on the weekend You are free to choose how you spend your time off, and are not required to spend it in your employers home. Any vacation time must be written into your employment contract. Signing a Contract Your contract is specific to your current employer. To change employers, you need a new contract. Check to make sure your contract includes:

Employer-paid transportation to the place of work in Canada; Employer-paid health insurance (RAMQ or equivalent); Employer-paid workplace safety insurance (CSST); Employer-paid recruitment fees; Contract length; Hours, including overtime; Duties of the position; People who will be cared for; Work schedule and wages; Accommodation provisions; Transportation costs; Provisions for resignation and dismissal.

If it does not include the above information, you can amend your contract with your employer. If you are having trouble doing this, contact the Minstre de limmigration et des communauts culturelles.

Workers Compensation (CSST) In past domestic workers could register themselves for provincial workers compensation, but as a result of changes made on April 1st 2010, your employer is now legally required to pay for you to have employment insurance, so that you will receive compensation if you get hurt on the job. This insurance must be equivalent to the provincial coverage that other workers receive. Filing a Complaint You can file a complaint with the Commission des normes du travail if you believe that: - your employer has not fully paid you; - you were unjustly fired or otherwise punished; - you have experienced psychological harassment. For steps on how to file a complaint, see http://www.cnt.gouv.qc.ca/en/on-lineservices/plaintes-en-ligne/index.html?no_cache=1. Healthcare Upon arrival in Canada, you can apply to be covered under provincial health insurance, but it can take up to 3 months before you receive your Medicare card. This waiting period is also called the delai de carence. See http://www.ramq.gouv.qc.ca/en/citoyens/assurancemaladie/arriver/sejour.shtml for steps on how to get coverage. You cannot register on the internet, but see the above website before going to a RAMQ office to see a list of documents you need to bring. As of April 1, 2010, your employer is responsible for providing you with private health insurance equal to the provincial coverage for the waiting period. Your employer cannot deduct money from your wages for this. Provincial health insurance covers any medically necessary procedure to anyone with a valid Health Insurance Card. This includes things such as a consultation with a doctor, who may refer you to another medically necessary service or prescribe medication. In some cases, different services are covered for children under 12 and adults over 65. For a specific list of what is and is not covered in Qubec, see the Rgie de lassurance maladie website: http://www.ramq.gouv.qc.ca/en/citoyens/assurancemaladie/serv_couv_queb/serv_couv_q ueb.shtml. There shouldnt be any gaps in your health coverage (between employer-paid private insurance in the waiting period and RAMQ insurance). But, if for any reason there are,

some services are available for anyone waiting for their coverage to begin. Make sure to bring documentation that you are in the waiting period. These include services: - needed by people who have experienced conjugal or domestic violence or sexual assault; - related to pregnancy, child birth, or termination of pregnancy; - needed by people with infectious diseases that effect public health. To remain covered by Qubec health insurance, you must not leave the province for over 21 consecutive days while you have temporary worker status. Applying for permanent residence You can apply for permanent residence in Canada, after completing the following work under the Live-in Caregiver Program within 4 years of your arrival: - 24 months of authorized full-time work, or - 3,900 hours of authorized full-time employment within a minimum of 22 months. You can include up to 390 hours of overtime. Periods of unemployment, extended periods outside of Canada (that are not included in your employment contract), or any work for your employer that takes place outside of Canada cannot be included in the above work experience. To apply for permanent residence, your work permit must still be valid. To stay in Qubec, you must submit an application to both the Minstre de limmigration et des communauts culturelles, and Citizenship and Immigration Canada. See http://www.immigration-Qubec.gouv.qc.ca/fr/immigrer-installer/travailleurstemporaires/demeurer-Qubec/index.html for steps on how to apply (available only in French). As of April 1, 2010, you no longer have to undergo a second medical exam to apply for permanent residence. Your family members can apply for permanent residence at the same as you. Important: any family members you plan on sponsoring later must be listed in your application for permanent residence. You can also apply for an open work permit, which will allow you to take any job you wish, at the same time as you apply for permanent residence. It can affect your application if: - you, your spouse or common-law partner, or any of your family members have a criminal record or a serious medical problem, or; - you did not provide truthful information about education, training or experience to the visa officer when you first applied under the Live-In Caregiver Program, your application can be cancelled.

Your application is not affected by your financial situation, skills upgrading in Canada, volunteer work, marital status or the number of family members you have in your home country. Resources Weve included a lot of further reading through internet websites: if you need to use a computer with internet, you can go to a public library. There are several libraries around Montreal, including one located at 5290, chemin de la Cte-des-Neiges. Association des Aides Familiales du Qubec (a group that does advocacy work for domestic workers) 2348, Jean Talon East Montreal (514) 272-2670 http://www.aafq.ca/ aafq@aafq.ca Case Processing Centre Unit 202 Vegreville, Alberta T9C 1X5 Citizenship and Immigration Canada http://www.cic.gc.ca/english/work/caregiver/index.asp Commission des normes du travail (CNT) http://www.cnt.gouv.qc.ca/ 500, boulevard Ren-Lvesque Ouest 26th floor Montral 514 873-7061 1 800 265-1414 Commission de la sant et de la scurit du travail du Qubec (CSST) http://www.csst.qc.ca/index.htm 1, complexe Desjardins South Tower, 31st floor 1 866 302-CSST (2778) Human Resources and Skills Development Canada Service Center In Montreal there are several, two of them are located at: 1415 Jarry Street East 200 Ren-Lvesque Blvd West To find others, see http://www.hrsdc.gc.ca/cgi-bin/hr-search.cgi?ot=&ln=eng

Immigrant Workers Centre (an education and campaign centre for immigrant workers in Montral) http://iwc-cti.ca/ 4755 Van Horne Suite 110 514-342-2111 iwc_cti@yahoo.com National Job Bank http://www.jobbank.gc.ca/Intro_eng.aspx PINAY pinaycan@yahoo.com 514-364-9833. Rgie de lassurance maladie du Qubec http://www.ramq.gouv.qc.ca/index_en.shtml 425, boulevard De Maisonneuve Ouest 3rd floor, suite 300 Montral 514 864-3411 Elsewhere in Qubec, toll-free: 1 800 561-9749