Frequently Asked Questions - Employers
Q: 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 depends on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.
Q: Can I fire an incompetent employee?
Yes. If an employee does not carry out the duties agreed to in the contract, you can give the employee the required notice or pay in lieu of notice.
Q: What are the Employers' Responsibilities
Legal requirements:
- The employment of a Live-in Caregiver in a private household must be covered by an employment contract and the working conditions must meet provincial labour laws such as the minimum wage standard and other regulations. The total number of working hours per week should be specified in the labour contract as well as provisions for payment of over-time, holidays etc.
- you will have to keep records and provide your employee with a statement of earnings with each pay cheque indicating gross and net pay, specific deductions, the purpose of these deductions, and the total hours worked (including overtime) during that pay period. Deductions are for income tax, employment insurance and Canada pension plan and must be remitted to the appropriate authority. This information can be obtained from the CRA or from your accountant.
- You must give your employee a T4 slip by the end of February each year. The T4 slip will show your employee's total gross earnings and total deductions for income tax purposes. Your employee will require the T4 in order to file an annual income tax return.
- You must also keep a Record of Employment (ROE) which you will have to give to your employee when the work ends.
Q: What do the temporary foreign worker units do?
Temporary foreign worker units (TFWUs) help to ease the entry of temporary foreign workers into Canada. The units offer guidance to employers and human resources agencies that want to employ foreign workers who are exempt from the labour market opinion/confirmation process, but still require a work permit. The TFWUs also provide advice on work permit exemptions. They pre-screen supporting documents from employers to streamline the application process and provide an opinion for the use of officers at the point of entry. As well, staff at the units pre-screen some documents submitted by foreign workers, such as academic or professional qualifications. These units also assist in individual cases with Canadian employers.