Being a boss: the rights and the duties regarding your nanny.

You have chosen your nanny and  now suddenly you're flung into the position of boss! You must now address the administrative hiring matters.
A boss has rights: giving instructions, setting prohibitions, organizing the work of your employee.. but above all, duties. You now have financial responsibilities (to pay your nanny!) but also legal and administrative responsibilities: to establish an employment contract, remit payroll reductions, and to obtain provincial workers' compensation insurance coverage.

Audrey Davidson of Yummy Mummy Club have compiled a list of 5 Things Every Parent Should Know When Hiring a Nanny which we highly recommend consulting. In addition this article from Baby Center about the legal obligations of an employer of a live-in nanny offers some very useful info (for employers of live-out nannies too!).

The rights of domestic workers

The right of domestic workers vary but generally include the following:

• minimum wage
• regular payment of wages
• hours of work protections (e.g., maximum hours of work, daily and weekly/biweekly rest periods)
• overtime pay
• vacation with pay
• public holidays
• pregnancy and parental leave
• family caregiver leave
  
• family medical leave
• critically ill child care leave
• organ donor leave
• reservist leave
• crime-related child death or disappearance leave
• termination notice and/or pay in lieu of notice
• severance pay
• equal pay for equal work

Employers who do not respect these rights are subject to investigation and potentially action taken against them by the labour stands branch in their province.

So how to avoid problems?

• Establish a detailed contract and respect it.
• Read the Employment Standards Act for domestic workers in your province
• And make it a habit to write down the hours, days off, and so on... misunderstandings will be less frequent!

The importance of the employment contract between parent and nanny

First precision: the employment contract exists when there is a relationship of subordination, and when a person provides a paid service. In these conditions, you have every interest in formalizing it writing.

Faced with the cost of remittances and the complexity of the administrative requirements, you are tempted not to declare your nanny? Undeclared work is becoming more commonplace but is a serious misstep.

This poses a risk to the employee (lack of contributions to CPP and EI, backpaid social benefits...), but especially for the employer:

• summons to the CRA by the employee to resolve outstanding wages, social contributions arrears (with penalty interest!), 
• possibility of a criminal fine or even a criminal charge,
• no recourse if something goes wrong with your nanny,
• in the case of accident with your nanny, settlement of all her medical expenses.