LCP Processing an Employment Contract

HRSDC/Service Canada informs employers of the legal requirement to have an employment contract with their live-in caregiver.

Employers are required to:

• provide a signed employment contract to their prospective live-in caregiver;
• have the live-in caregiver sign the employment contract and return it to the employer; and
• provide a copy of the signed employment contract to HRSDC/Service Canada along with their LMO application.

HRSDC/Service Canada provides employers with information including, but not necessarily limited to, the following:

• acceptable wage standards;
• taxation;
• health insurance; and
• workers’ compensation and other employment issues.

Once a complete LMO application and signed employment contract are submitted to HRSDC/Service Canada by the prospective employer, an HRSDC/Service Canada officer reviews the application and employment contract. In assessing the offer of employment, the officer confirms:

• the need for live-in care;
• that the job offer is genuine;
• the employer is offering wages and working conditions that meet provincial/territorial employment standards and labour laws;
• the job duties are those of a full-time live-in caregiver; and
• a reasonable search has been carried out by the prospective employer to identify qualified and available Canadian citizens or permanent residents and unemployed foreign caregivers already in Canada.

If satisfied that the offer of employment meets the assessment criteria, the HRSDC Service Canada officer issues a letter confirming a positive/neutral LMO to the prospective employer. If the LMO application is rejected, the HRSDC/Service Canada officer issues a refusal letter to the prospective employer.

Employers are informed by HRSDC/Service Canada that their prospective live-in caregiver must submit a copy of the signed employment contract to the CPC-V as part of the documentation required for the work permit application. HRSDC/Service Canada also instructs the employer to send a copy of the LMO confirmation letter to the live-in caregiver.

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