Individual who employs a domestic worker
An individual who employs a domestic worker may have to register with the CNESST (in French only). The individual must register with the CNESST when the domestic worker they employ works at least:
- 420 hours over a period of 1 year (12 months)
or
- 30 hours a week over a period of 7 consecutive weeks
To determine the amount of the premium payable, the individual must first know their premium rate (in French only).
Calculation of premium
Premium rate × Insurable salary paid to the domestic worker ÷ $100
The premium rate is usually the same as the unit rate. Domestic help services for individuals are covered by unit 77040. To find out the rate for unit 77040, see the Schedule of Rates.
After registering with the CNESST, the individual will receive a classification decision (in French only), informing them of their premium rate. Then they will receive a first notice of assessment and statement of account (in French only) for the amount payable each year for insurance file administration charges.
Before March 15 of each year, the individual must file a Statement of Wages (in French only). They will then receive a second notice of assessment and a statement of account. The notice of assessment provides information about the occupational health and safety contribution. The amount indicated on the statement of account must be remitted to the CNESST in a single payment. Several payment methods (in French only) are available.
Note
The individual is not required to pay the insurance premium for their domestic worker in periodic instalments to Revenu Québec. This applies even if they make source deductions and pay contributions to Revenu Québec.
They can decide to protect their domestic workers who are not automatically covered by taking out optional protection (in French only) at their expense.
Example of an individual who is required to register with the CNESST
Nathalie is self-employed and works at home as a hairdresser. She operates a sole propietorship under the name Coupe tout enr. She hires Emmanuella to babysit and do housework 35 hours a week. Since her employment contract involves more than 420 hours of work over a 12-month period, Emmanuella is automatically covered in the event of a work accident or occupational disease. Nathalie must register with the CNESST as an individual who employs a domestic worker and pay the occupational health and safety insurance premium.
Nathalie must also ensure a healthy and safe work environment for Emmanuella. Among other things, she must offer the work and individual protective equipment required for the tasks to be carried out and provide any necessary training.
Example of an individual who is not required to register with the CNESST
Nathalie hires Jean-Philippe 1 hour a day (from Monday to Friday) to walk her dog. Since Jean-Philippe's employment contract involves less than 420 hours a week over a 1-year period and less than 30 hours a week for 7 consecutive weeks, Nathalie is not considered his employer. Jean-Philippe is not covered in the event of a work accident or occupational disease. Although she is not obliged to do so, Nathalie decides to take out optional protection with the CNESST for Jean-Philippe.
If Nathalie had not taken out optional protection for Jean-Philippe, he could have taken out personal protection (in French only).
Rights and obligations of an individual who employs domestic workers
As an employer, an individual who employs domestic workers has rights and obligations (in French only) under the laws enforced by the CNESST.
It is recommended that the individual clearly establish the domestic workers’ working conditions at the time of hiring. These conditions can be established in an employment contract.
As an employer, the individual must notify the CNESST immediately of any changes.
Details
Self-employed workers
For the purposes of occupational health and safety, a self-employed worker who performs activities of the same nature as those carried out by a domestic is not considered a domestic worker employed by an individual. To be protected in the event of a work accident or occupational disease, a self-employed worker may request personal protection (in French only). If necessary, the CNESST can analyze the contractual relationship and determine whether it is an employment contract or a business contract.
Recruitment through an employment agency
When they retain the services of an employment agency (in French only) to find a domestic worker, the individual usually does not have to register as an employer with the CNESST. In this case, the employment agency is considered the domestic worker's employer and is responsible for their protection in the event of a work accident or occupational disease.
Temporary foreign workers
Whether they recruit temporary foreign workers on their own or through a foreign worker recruitment agency (in French only), an individual who recruits a temporary foreign worker as a domestic worker who is automatically covered in the event of a work accident or occupational disease is considered an employer and must register with the CNESST as an individual who employs a domestic worker.
Since the individual is considered an employer, they must also fill out a declaration stating that they employ temporary foreign workers (in French only).
Recipients of a personal home assistance allowance
Recipients of a personal home assistance allowance from the CNESST, the SAAQ or IVAC do not have to register as employers for now.
Employment service cheques
An individual who employs a domestic worker for home care services and uses the employment-service voucher method (in French only) does not need to register as an employer with CNESST for the hours of service allocated to him or her.