Rights and obligations regarding the Employer

 

The term “Caregiver” refers to all records in the Caregiver Canada Inc data base under section: Candidate (childcare/petcare/eldercare/housekeeper)

The undersigned Employer (“Employer”) and the Caregiver Canada Inc (“Caregiver Canada”), for good and valuable consideration the sufficiency of which is hereby acknowledged, agree to the following terms:

 

  1. Description of Services

 

The Employer desires to directly engage a person (“Caregiver”) to perform caregiving and other duties as specified in writing by the Employer in the Employer’s Caregiver Requirement Questionnaire.

 

Caregiver Canada agrees to provide the Employer with a potential Caregiver as well suited as possible to the requirements outlined in the Employer’s Caregiver Requirement Questionnaire. Caregiver Canada also agrees to provide the Employer with information relating to the potential Caregiver.

 

However, the final responsibility for any decision to employ a potential Caregiver rests with the Employer, who is therefore strongly advised to check and scrutinize all relevant information, including documents, records, and references prior to hiring a potential Caregiver.  Caregiver Canada does not offer any warranty as to the suitability, honesty, character or capability of the potential Caregiver.  In addition, Caregiver Canada cannot guarantee that a potential Caregiver will complete his or her proposed length of stay or engagement with a Employer.

 

 

  1. Caregiver Canada’s Screening Process - Potential Caregiver

 

Caregiver Canada’s normal screening process includes searching for potential Caregiver candidates;

 

Please be advised that it is the Employer’s responsibility to review references from a potential Caregiver and it is the responsibility of the Employer to check these references and be satisfied prior to hiring the Caregiver.

 

  1. Potential Caregivers Not Employees of Caregiver Canada

 

Caregiver Canada does not employ any potential Caregiver(s) introduced to the Employer and any and all contracts entered into between the Employer and potential Caregivers are solely the responsibility of the Employer.

 

Moreover, in entering into an employment contract with a potential Caregiver, the Employer is solely responsible for complying with all employment, immigration, fiscal, and other relevant legislation, namely but not limited to the Employment Standards Act, the Canada Pension Plan Act, the Workplace Safety and Insurance Act, the Income Tax Act, and the Immigration and Refugee Protection Act.

The Employer agrees that he/she will enter into a employment agreement with the potential Caregiver, specifying the terms and conditions of employment.  This employment agreement shall govern all aspects of the employment relationship between the Employer and the potential Caregiver.

                                                           

 

  1. Limitation of Liability

 

The Employer will be solely responsible for interviewing a potential Caregiver, requesting references, verifying those references, and conducting any further investigation necessary prior to hiring a potential Caregiver.  Due to the fact that no screening process is 100% reliable, Caregiver Canada cannot guarantee the performance or qualifications of a potential Caregiver referred to the Employer.

 

Caregiver Canada’s liability is limited in the following ways.  Caregiver Canada cannot be held liable for any amount over and beyond the fees paid to it by the Employer, as set forth in this agreement.  Caregiver Canada cannot be held liable in any way for any kind of inconvenience, loss or damage to property, theft, or any loss or personal injury whatsoever arising directly or indirectly from any act or omission of any potential Caregiver introduced to the Employer by Caregiver Canada, even if such act or omission by the potential Caregiver is negligent or fraudulent or reveals dishonesty.  

           

 

  1. Confidentiality

 

All correspondence and records provided to the Employer are confidential and shall remain the property of Caregiver Canada.  Such information supplied by Caregiver Canada is confidential and provided to the Employer on condition that such information will not be disclosed to any third party or entity.

 

 

 

BY ACCEPTING THIS AGREEMENT, I AGREE TO INDEMNIFY AND HOLD HARMLESSS CAREGIVER CANADA AND ITS AGENTS, EMPLOYEES FROM ANY AND ALL ACTION, CAUSES AND/OR DEMANDS OF WHATEVER NATURE OR TYPE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF ANY POTENTIAL CAREGIVER REFERRED BY CAREGIVER CANADA AND HIRED BY MYSELF OR THE EMPLOYER.  I UNDERSTAND THAT THE POTENTIAL CAREGIVER IS NOT AT ANY TIME AN EMPLOYEE OF CAREGIVER CANADA AND IS ONLY A REFERRAL.  I FURTHER UNDERSTAND THAT CAREGIVER CANADA IS NOT RESPONSIBLE FOR THE ACTIONS OF A POTENTAL CAREGIVER AT ANY TIME, AS OUTLINED IN PARAGRAPH 5 ABOVE.  I AGREE THAT A POTENTIAL CAREGIVER IS MY EMPLOYEE, OR THE EMPLOYER’S EMPLOYEE, FROM THE TIME OF  ACCEPTANCE OF THE REFERRAL FROM CAREGIVER CANADA.

 

 

Rights and obligations regarding the Employee

 

Caregivers Not Employees of Caregiver Canada Inc.

 

Caregiver Canada Inc. does not employ any Caregiver choosing to retain its placement services and any and all contracts entered into between a Caregiver and a potential Employer is solely the responsibility of a Caregiver.

 

Moreover, in entering into an employment contract with a prospective Employer, the Caregiver and the Employer are solely responsible for complying with Canadian law, including all employment, immigration, fiscal, and other relevant legislation, namely but not limited to the Canadian Criminal Code, the Employment Standards Act, the Workplace Safety and Insurance Act, the Income Tax Act, and the Immigration and Refugee Protection Act.

 

Caregiver Canada Inc. is in no way responsible for the payment of unpaid wages or benefits to Caregivers, nor is Caregiver Canada Inc. in any way responsible for ensuring that potential Employers pay all amounts owing to Caregivers under any contract of employment or Canadian law.

 

Immigration

 

The Caregiver agrees to comply with all visa or other immigration-related requirements in accordance with the Canadian law.  Caregiver Canada Inc. is in no way responsible for ensuring that a Caregiver maintains his legal status in Canada, nor is it responsible for assisting a potential Caregiver maintains his or her legal status in Canada.

 

Limitation of Responsibility – Caregiver Canada Inc.

 

Caregiver Canada Inc. assumes no responsibility for any illegal and/or criminal acts perpetrated by either the Caregiver or the Employer, nor will Caregiver Canada Inc. provide any assistance – financial, legal or otherwise - to Caregivers involved in any legal matter or proceeding.

 

Caregiver Canada Inc. cannot be held liable in any way for any kind of inconvenience, loss or damage to property, theft, or any loss or personal injury whatsoever arising directly or indirectly from any act or omission of an, even if such act or omission by the Employer is negligent or fraudulent or reveals dishonesty.       

 

Final Decision to Accept Employment Rests with Caregiver

 

The final responsibility for any decision to accept employment with a potential Employer rests with the Caregiver.  The Caregiver is therefore strongly advised to meet and scrutinize all prospective employers prior to accepting an employment contract.   Caregiver Canada Inc. does not offer any warranty as to the suitability, honesty, character of an Employer.  In addition, Caregiver Canada Inc. cannot guarantee that an Employer will honor its employment contract with the caregiver, including the employment term, rate of pay, or any other contractual term.

 

 

BY ACCEPTING THIS AGREEMENT, I AGREE TO INDEMNIFY AND HOLD HARMLESSS CAREGIVER CANADA INC. AND ITS AGENTS, EMPLOYEES FROM ANY AND ALL ACTION, CAUSES AND/OR DEMANDS OF WHATEVER NATURE OR TYPE, ARISING DIRECTLY OR INDIRECTLY FROM YOUR EMPLOYMENT WITH ANY POTENTIAL EMPLOYER REFERRED BY CAREGIVER CANADA INC..  I UNDERSTAND THAT CAREGIVER CANADA INC. IS AT NO TIME MY EMPLOYER.  I FURTHER UNDERSTAND THAT CAREGIVER CANADA INC. IS NOT RESPONSIBLE FOR THE ACTIONS OF A POTENTIAL EMPLOYER AT ANY TIME, AS OUTLINED ABOVE.

 

 

Rights and obligation regarding to the fee connected with the use of the website www.mycaregivers.com

 

Caregiver Canada Inc. can change the amount any time and is responsible to announce all payers about the change. The payer by not taking any actions agrees to accept the new amount.

The payer may cancel his/her membership at any time.

 

Got a question

We're here to help. Check out our FAQs, send us an email or call us at 1 800 555 5555