For Caregivers: If You Have a Problem at Work
Steps you can take to deal with a problem as a caregiver in BC.
You are here
Work
Our Work It Out pages offer in-depth, step-by-step guidance for dealing with a legal problem from start to finish.
Easy-to-read Need to Know pages offer tips and highlights.
For Caregivers: Know Your Rights When Coming to BC
Answers to eight common questions for caregivers coming to BC.
[h5p=1490]
If you’re coming to work in British Columbia as a live-in caregiver, knowing your legal rights will help make your experience successful. To help you prepare, here are answers to eight commonly asked questions.
Can I be charged a fee to get a job?
Under the law in BC, no one can charge a fee to help you find a job. This includes employment agencies and immigration consultants.
And no one can charge for pointing you to employers who are hiring.
What kind of working conditions can I expect?
As a live-in caregiver, you have legal rights to fair working conditions and fair treatment under BC’s main employment law. This law sets minimum standards for things like minimum wage, overtime pay, hours of work, and statutory holidays.
For example, as a live-in caregiver, you’re entitled to earn at least the general minimum wage in BC. You could be entitled to more, depending on what your contract says. If you work more hours than you and your employer agreed to up front, you must be paid for these extra hours. You’re entitled to time off. Our guidance for caregivers who have a problem at work explains several of these rights and what you can do if your employer violates your rights.
What kind of living arrangements can I expect?
If you’ll be living with your employer, they must guarantee that the accommodation meets acceptable standards. You’re entitled to your own private accommodation. For example, a room with a lock on the door. And no one should enter your room without your permission.
Do I need an employment contract?
Under the law in BC, live-in caregivers must have a written employment contract. This is an agreement between you and your employer. It sets out the terms of your work (for example, your duties and work hours).
Read your contract carefully before signing it. Consider seeking help from an employment agency or settlement service to be sure you understand the terms.
The employer must give you a reasonable amount of time to review and consider the employment contract before you sign. If you’re pressured into signing before you feel comfortable doing so, the contract might be unenforceable.
Do I need a work permit?
If you are a foreign national (that is, not a Canadian citizen or a permanent resident) and you want to work in Canada as a caregiver, you must first get approval for a work permit. You can apply for a work permit through one of the following programs:
To qualify for either of these programs, you must be able to establish that:
- you can communicate in at least one of Canada’s official languages (English and French),
- you have an education that is equivalent to one year of Canadian post-secondary education, and
- you have a job offer from a Canadian employer who has offered you full-time employment to provide in-home care for a child, a person with special needs or a senior.
How can I avoid problems in applying for a work permit?
It’s important not to misrepresent anything on your immigration paperwork. Under Canadian law, misrepresentation is defined broadly. It includes doing any of the following when applying to immigrate to Canada or communicating with Canadian immigration officials:
- making false statements
- lying
- submitting false information or altered documents
- withholding important information, including previous employment history
It doesn’t matter if you didn’t intend to deceive anyone. If you misrepresent something even by mistake, the government can still allege misrepresentation. If you’re found guilty, you could be denied entry into Canada and barred from even making an application to enter Canada for five years.
I’ve been warned about “labour trafficking.” What does that mean?
Labour trafficking is a type of human trafficking. Human trafficking is recruiting, transporting, or harbouring people to exploit them. Under the law in Canada, human trafficking is illegal.
Labour trafficking happens when workers are made to work by deception, fraud, or abuse of power. Signs of labour trafficking include workers who:
- are underpaid or not paid at all
- have wages deducted for no good reason
- are forced to work overtime, too many days, or without breaks
- are living in poor conditions with little or no privacy
- are abused emotionally or psychologically
- are prevented from holding onto their own passport
If someone is the victim of labour trafficking, there are organizations that can help.
Are there places where I can get help before I go?
Before you leave your home country, search for organizations providing pre-arrival services in your area. These services can help you prepare for life and work in Canada. They may be delivered in-person or online.
The federal government has partnered with organizations to offer pre-arrival services in locations around the world. Check out the federal government’s website to explore your options. (Note these services are for permanent residence applicants only.)
For more information to help you prepare, see our guidance on preparing to work in BC.
Extending Your Work Permit
Learn your rights and steps to take to extend your work permit.
Working in BC Temporarily
Learn more about coming to work in BC temporarily, and your rights once you arrive.
Preparing to Work in BC
Learn how to prepare for and settle into a job if you're coming to work in British Columbia.
[h5p=976]
People from all over the world discover opportunities to live and work in British Columbia. In fact, the province’s economy relies heavily on foreign workers. If you’re considering coming to work in BC, these tips can help you prepare for and settle into a job.
1. Explore government programs for foreign workers
Some people from other countries drop briefly into British Columbia for short-term employment. Others working here apply to become permanent residents. Either way, there are government programs available to foreign workers.
If you come to BC for temporary work
Every year, employers in British Columbia depend on workers from abroad to meet their short-term needs. Without these workers, some sectors of the province’s economy would face serious challenges.
The Temporary Foreign Worker Program and the International Mobility Program permit eligible foreigners to work in Canada for a limited time, and help employers tap into this workforce. (Employers may need to show they can’t find Canadian workers to fill these job openings.) See our guidance on working in BC temporarily for more information.
If you immigrate to Canada
BC’s economy benefits from skilled workers. The BC Provincial Nominee Program helps skilled workers from other countries get permanent residence in BC.
There are three ways this program can serve such workers:
- Skills Immigration: Helps skilled and semi-skilled workers in high-demand jobs in BC.
- Express Entry BC: Helps skilled workers wishing to immigrate quickly.
- Entrepreneur Immigration: Helps high-net-worth people who aim to invest in and actively manage a business in BC.
If none of these describes you, you may still be able to come to Canada through another program. For example:
- Canadian Experience Class: Helps people with skilled work experience in Canada to become permanent residents.
- Family sponsorship: Allows citizens and permanent residents over 18 years of age to sponsor certain types of relatives to come to Canada.
- Self-Employed Persons Program: Helps people with experience in certain industries, and who will be self-employed in Canada, to become permanent residents.
For more immigration options, see the provincial government’s website.
2. Get help from a settlement service
“I’m originally from the Philippines. Two years ago I moved to BC because my relatives live here. My English wasn’t great, and I didn’t have any Canadian work experience. After arriving, I contacted a settlement service. They helped me register in language classes, take a training course, and even look for jobs. I’ve been working as a mover for eight months now, and I feel very fortunate.”
– John Carlo, Surrey
In BC, community and government organizations assist people new to Canada. These settlement services can answer questions about living and working here. They can help with:
- language assessments and classes
- finding a job
- finding a place to live and navigating other parts of daily life, such as filling out forms or applications
- information about community services
Use this tool on the federal government’s website to search for settlement services near you.
Many community centres offer programs and facilities for newcomers to Canada, usually in a variety of languages. Try searching online to find a community centre near you, or ask your settlement service agency.
A neighbourhood house is similar to a community centre. Neighbourhood houses provide many programs and services in Metro Vancouver, and they’re open to everyone. Check out the Association of Neighbourhood Houses BC website to find one near you.
3. On searching for a job
In most cases, you must have a job offer in place before you arrive in British Columbia. Here are some resources to check out before you leave your home country:
- WorkBC job board. Offers a comprehensive database of jobs from across the province.
- WelcomeBC career profiles. Includes information on dozens of occupations in BC, including wages, licensing requirements, and more.
- BC’s Labour Market Outlook. Forecasts job opportunities in BC’s labour market over the next few years, and outlines the skills and education needed for them.
For more resources like these, see the provincial government’s website.
To kickstart your job search, you might also try these measures:
- Check the online job listings or classified sections of local and national newspapers.
- Reach out to the employment departments of the organizations you’d like to work for.
- Ask friends or family in BC for leads.
- Explore volunteer opportunities to help you get Canadian work experience.
- Visit the Skilled Immigrant InfoCentre for employment programs and information.
4. Get a credentials assessment if you’re a skilled worker
Before you start looking for work, you may need to have your credentials assessed if you wish to immigrate under any of the skilled worker or provincial nominee programs.
A credentials assessment will look at any accreditations you got outside Canada, such as:
- education
- work experience
- professional credentials
This assessment will give potential employers an idea of the kind of work you’re qualified to do. It’ll also reveal if your credentials meet the standards set for Canadian workers. If they don’t, you may need to pursue more training, education or Canadian work experience.
5. Determine if you need a work permit
Most foreign workers need a work permit to be legally employed in Canada.
There are two types of work permits:
An employer-specific work permit sets the conditions of your permit, including:
- the name of the employer you can work for
- how long you can work
- the location where you can work (if applicable)
- the job you may work in
An open work permit allows you to work for any employer in Canada (with some exceptions). Find out if you’re eligible to apply for an open work permit.
Use this tool to find out if you need to apply for a work permit. Use this tool to determine what type of work permit to apply for.
See also our guidance on working in BC temporarily and extending your work permit.
6. Apply for a Social Insurance Number
A Social Insurance Number (SIN) is a nine-digit number you need to work legally in Canada, or to access government programs and benefits. A SIN is issued, for life, to one person only. It can’t be used by anyone else.
You may be eligible to apply for a SIN if you are:
- a Canadian citizen,
- a permanent resident, or
- a temporary resident.
Children 12 years of age or older can apply for their own SIN. The parents or legal guardians of children under the age of majority (19 in BC) can also apply for a SIN on the child’s behalf.
To apply for a SIN, you must present a valid primary document, such as a birth certificate, that proves your identity and legal status in Canada. You may also need to provide supporting documents if the name you currently use is different than the one on your primary document.
The federal government’s website explains eligibility and how to apply for a SIN.
As a domestic worker, am I entitled to overtime pay from my employer?
Legal Topic:
