Personal caregivers

Personal caregivers are paid because to whose specific responsibility it is to taking care of or providing care to a child or to a sick, disabled or elderly person in the person’s home.

In the course of their work, personal caregiver may be called upon to perform domestic duties that are directly related to the needs of the person in their care, such as meal preparation or care of clothing.

Personal caregivers are considered domestic workers within the meaning of the Loi sur les accidents du travail et les maladies professionnelles. Under certain conditions, they may be protected in the case of a work accident or occupational disease.

Working conditions

Personal caregivers are entitled to the same working conditions provided for under the Loi sur les normes du travail as all workers. For example, the personal caregiver must receive a wage equal to or higher than the minimum wage.

The only difference is the standard work week. The personal caregiver’s employer does not have to apply the rules on overtime worked after 40 hours of work.

Complaints and recourses

Personal caregivers may file a complaint with the CNESST if they believe that their workplace rights have not been respected.

In the event of a complaint concerning dismissal without just and sufficient cause, if the case goes to the Tribunal administratif du travail, the latter may not order the reinstatement of a personal caregiver with their employer. It may only order the payment to the personal caregiver of compensation corresponding to the wages and other benefits they did not receive as a result of the dismissal.

Personal caregiver on an occasional basis or in the context of family or community assistance

Personal caregivers are excluded from the application of the Loi sur les normes du travail if:

• they perform their work on an occasional basis (for example, a couple that hires a babysitter for their child so that they can go out)
• the work is performed in the context of a family assistance relationship
• the work is performed in the context of a community assistance relationship