Independent caregiver agreement

1. Who this agreement is between

This agreement is between [Legal company name], [mailing address] ("Nearkin"), and you, the caregiver.

It starts when you accept it. It continues until you or Nearkin end it.

2. You're an independent contractor

• You work for yourself. You are not a Nearkin employee. [lawyer to confirm]
• You choose which visits you accept, your hours and the areas you work in.
• You can say no to any visit. Saying no won't count against you.
• You can work for other people and companies, including other agencies.
• You decide how to do the work, within the care plan the family agrees with you.
• Nearkin doesn't promise you a set number of visits.

3. The work

• You work in one of three tiers. Companions: company, conversation, games, walks, reading, help with calls, and going out on foot or by transit.
• Home Helpers: everything a Companion does, plus cleaning, laundry, cooking and groceries.
• PSWs: everything a Home Helper does, plus personal care, such as bathing, dressing, the toilet, safe transfers and mobility support.
• Only do work that fits your tier. Companions don't do housework. Companions and Home Helpers never give personal care.
• No one gives nursing care, such as injections, wound care or giving medication. [confirm scope]
• If a family asks for something outside your tier, kindly say no and tell Nearkin.

4. What you're paid

• Companion: $22 an hour, take-home. The family pays $29. Nearkin keeps $7.
• Home Helper: $24 an hour, take-home. The family pays $32. Nearkin keeps $8.
• PSW: $30 an hour, take-home. The family pays $39. Nearkin keeps $9.
• Nearkin's share pays for checks, training, insurance, payments and backup caregivers.
• Every visit is at least 2 hours.
• Ontario statutory holidays: $5 more an hour. All of it is yours.
• If a family cancels less than 24 hours before a visit, you're paid for 1 hour.
• You're paid every Friday by direct deposit, for visits finished the week before. [confirm]
• Each week you get a statement of your visits and pay.
• We'll give you at least 30 days' notice before changing rates. Visits you've already accepted keep their rate. [confirm]

5. Taxes and CPP

• Nearkin doesn't take tax, CPP or EI from your pay.
• You report your income and pay your own income tax and CPP. Take-home rates are set with that in mind.
• Nearkin will send you a tax slip each year. [confirm slip type]
• [Confirm with an accountant whether caregivers need to charge HST.]
• We suggest you talk to an accountant about your situation.

6. What you need to keep up

• You're 18 or older.
• A vulnerable sector check from the last 12 months before your first visit. Renewed every [X] years. [confirm]
• Two references we've spoken to, and an interview.
• Eligibility to work in Canada.
• PSWs: a PSW certificate, registration with the Health and Supportive Care Providers Oversight Authority (HSCPOA), and a practical skills check, including safe transfers.
• Your own personal liability insurance before your first visit. Send us proof, and send it again each year.
• PSWs: for example, an OPSWA PSW membership (about $200 a year). Companions and Home Helpers: for example, an OPSWA HSW membership (about $185 a year). Any other caregiver liability policy works too.
• A Companion or Home Helper policy covers non-medical home support only. It never covers personal care, such as bathing, dressing or transfers.
• Tell us at once if anything changes. For example, a new charge on your record or your insurance ending.

7. Training

• Before your first visit, you pass free Nearkin training for your tier in the caregiver portal. Each lesson has a short quiz. The pass mark is 80%, and you can try again as often as you need.
• All tiers: talking with older adults, dementia basics, safety and falls, reporting concerns, privacy and visit notes, and the limits of your role.
• Home Helpers also learn home safety and food safety. PSWs also learn Nearkin's standards for personal care.
• We may ask you to take a lesson again when it changes. [confirm]

8. Moving up a tier

• You can move from Companion to Home Helper by passing two more lessons.
• You can move to PSW once you hold a PSW certificate and pass the PSW checks and training.
• Your new rate applies to visits booked after Nearkin confirms the upgrade. Visits you've already accepted keep their rate. [confirm]

9. Driving clients

• You don't have to drive clients. You can go with them by transit or taxi.
• If you want to drive clients, you need car insurance that includes business use.
• Send us proof before your first driving visit. Until then, you won't get driving visits.
• Driving with personal-only insurance could leave you without cover in an accident.

10. Visits

• Arrive on time and stay for the time booked.
• Follow the care notes you agree with the family.
• Can't make a visit? Tell us as soon as you can, ideally 24 hours ahead. We'll find a backup.
• In an emergency, call 911 first. Then tell the family and Nearkin.

11. Safety and respect

• Treat clients and families with respect and dignity.
• Don't accept money, loans or valuable gifts from clients. [confirm gift limit]
• Don't handle a client's banking or sign documents for them.
• Report any sign of abuse or neglect to Nearkin right away.
• Families you meet through Nearkin are booked through Nearkin. [lawyer to confirm]

12. Privacy and confidentiality

• Keep everything you learn about clients and families private.
• Use their information only for your visits.
• Don't take photos of clients or their homes, or post about them online.
• This continues after the agreement ends.
• Our privacy policy explains how Nearkin handles your information.

13. Insurance and responsibility

• You're responsible for your own work.
• Your liability insurance covers your work. Nearkin's platform insurance doesn't replace it.
• [Responsibility and indemnity terms, to be written by a lawyer.]

14. Ending this agreement

• You can end this agreement at any time. Please send us a message, and finish or hand over visits you've accepted.
• Nearkin can end it with [X] days' notice. [confirm]
• Nearkin can pause or end it right away if someone's safety is at risk. The same applies if you stop meeting the requirements, for example if your insurance ends. We'll tell you why.
• You'll be paid for every visit you finished.

15. Changes and governing law

• We'll tell you about changes at least 30 days before they apply. [confirm]
• This agreement follows the laws of Ontario and Canada. [lawyer to confirm]

16. Questions

• Send us a message. We're happy to explain anything here.
• Legal notices: [Legal company name], [mailing address].