Live in caregiver, change hours

[Giuliana]

hello everyone,
I work as a live in caregiver with a contract for 10 CAD per 42 hours and half.
Today my employer said that she wants to change the hours at 45 hours per week.
Do we need to change the contract? Is that ok even if the LMO was 42,5 hours?
Plus, is that true that I need 1 hour and half for lunch unpaid? She said that....I don't know...every day it's a surprise...
And I f I can ask you another question...I think that with all those hours I can reach 3,300 hours to apply as permanent resident...then How can I proof that?
Thank you so much...You guys help me everytime with my doubts...thanks again

 

[Leon]

She should pay you overtime hours then. You should make sure you write down the hours you work every day. Your employer needs to give you a payslip either every 2 weeks or every month where it says how many hours you have worked. If it does not say that, ask her to add it on there because you will need it later for your immigration. Once you apply for your immigration, you will have all the payslips and can send copies to prove your hours.

Every province in Canada has it's own labour law. Generally you should be able to have a lunch break or other break during the day. These breaks might not be paid. If your employer says you have a break of half hour a day and it's unpaid, then so it is.

According to http://www.cic.gc.ca/english/work/caregiver/index.asp you will need 3900 hours before you can apply for PR.

 

[Giuliana]

So, we cannot sign another contract that it will be different from LMO.This is what you mean? SO we must respect the LMO?
Yes she pays me with the paysleep bi-weekly, but in them there is no specification about the hours, but I guess that from the amount and the contract it is simple have the worked hours.
Do you think I have to complete a calendar with all my hours? Do you think that will be a good proof?

 

[Leon]

I do not know if you can sign a new contract for different hours than the LMO specifies.

Depending on your province, you might also want to look at if your new contract will be legal. Some provinces have a maximum of hours for live-in caregivers, see http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/advertReq/wageadreq.shtml

You should definitely keep a record of your worked hours or at least keep the pay slip and calculate the hours from the total amount and write on each pay slip "85 hrs. @ $10 per hour" or something like that. Then you have the pay slip along with the contract and then you can prove to immigration later how many hours you have worked.

 

[Giuliana]

I called the numbers for the live in caregiver program...they said that if in the paysleep doesn't show the hours, the contract will be a good proof. She said that it is better do another contract and that the LMO it is only the initial status and so everything can change.
I am so confused right now.....

 

[Leon]

Contract is only what you agreed to do beforehand. You need the pay slips to prove that you actually did.

 

[Giuliana]

I spoke to my employer, she doesn't want to change the contract and I think that it is better because then if you read the guide to apply as a permanent resident then, after the 24 month or the 3900 hours you can read that the contract must be the same sent to the LMO....
So everyone knows something different....I don't understand...that makes me crazy....
So I told her to put the hours in the pay slip and I am going to keep a calendar with my hours weekly.
Let's see what happen....she wants to pay me cash for the extra hours....but I don 't know, like always..they want everything but they don't want to pay...
Oh gosh...one year more and I hope everything is going to finish soon..

 

[job_seeker]

I spoke to my employer, she doesn't want to change the contract and I think that it is better because then if you read the guide to apply as a permanent resident then, after the 24 month or the 3900 hours you can read that the contract must be the same sent to the LMO....
So everyone knows something different....I don't understand...that makes me crazy....
So I told her to put the hours in the pay slip and I am going to keep a calendar with my hours weekly.
Let's see what happen....she wants to pay me cash for the extra hours....but I don 't know, like always..they want everything but they don't want to pay...
Oh gosh...one year more and I hope everything is going to finish soon..

Employers want to pay cash because they wouldn't have to pay the corresponding tax.

 

[Leon]

It could also be because a 45 hour work week is illegal for live in caregivers in their province but likely it is about the tax and maybe also about not having to pay overtime rates.

It's up to you if you take it or leave it. It is only another 2.5 hours a week. With 42.5 hours a week, you can apply for your immigration after 92 weeks total. That is one year, 9 months and a week exactly. With the 45 hour contract, you could apply after 87 weeks or 5 weeks earlier. If you are otherwise on good terms with the employer, 5 weeks will not make or break you. If you are already on bad terms with the employer, things will not get easier if you refuse to do this and you might find yourself looking for another job. Changing jobs, you would also lose time when you could be earning hours and you might not find a job doing that many hours a week, more rest but a slower road to immigration. Basically it is up to you.

I think you should leave the contract as is but if you work more hours some weeks that she should pay you overtime and include it on your pay slip. That way, it's legal and you can prove your hours.