LEGAL ASPECTS

AND
WORK ETHICS

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 ETHICS & LAW SCENARIO
SHOWDOWN
Objective: To test students' understanding of legal obligations and ethical decision-making in the
workplace, particularly in the context of caregiving.

Scoreboard: Teams are scored based on:

How well they address the legal aspect of the scenario.
Whether they correctly identify the ethical challenge.
Clarity and effectiveness of their response.
Creativity in resolving conflicts ethically and lawfully.

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 GROUP 1
Scenario 1: Confidentiality Breach

Scenario:
A caregiver is in a social setting and overhears a colleague sharing a
patient’s medical condition with others in casual conversation. The
information shared includes sensitive personal details.

Question:
How should the caregiver respond, and what legal and ethical
principles are involved?

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 GROUP2
Scenario 2: Suspected Abuse by a Colleague

Scenario:
A caregiver notices unusual bruises on a patient and suspects that a
colleague may be neglecting or mistreating the patient. However, the
caregiver is worried about making the wrong accusation or facing
backlash from colleagues.

Question:
What should the caregiver do in this situation?

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 GROUP3
Scenario 3: Medication Error

Scenario:
A caregiver accidentally administers the wrong medication to a patient
but notices the error immediately and is certain that no harm was
done. The caregiver considers not reporting the mistake to avoid
disciplinary action.

Question:
Should the caregiver report the error?

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 GROUP4
Scenario 4: Medication Error

Scenario:
A caregiver accidentally administers the wrong medication to a patient
but notices the error immediately and is certain that no harm was
done. The caregiver considers not reporting the mistake to avoid
disciplinary action.

Question:
Should the caregiver report the error?

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 GROUP5
Scenario 5: Accepting Gifts from Clients

Scenario:
A caregiver has been providing care to a client for several months. The
client, grateful for the care, offers a large sum of money as a gift. The
caregiver is unsure whether to accept it.

Question:
Is it acceptable to accept this gift? What are the ethical and legal
considerations?

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 CAREGIVER
A caregiver is someone who is professionally
trained to provide unsupervised care of children, the
elderly, persons with special needs and the disabled,
in a private household.

the job of a caregiver involves physical and

emotional interaction with her client, and any
act done in violation of her duties and
responsibilities could bring about legal
complications and criminal liabilities
it is therefore necessary for a caregiver to know
and understand the nature of some criminal
acts that that may arise or be encountered in
the practice of her profession.

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 Criminal Law
the branch of the law, which defines crimes,
treats of their nature and provides for their
punishment

Felonies
an act or omission punishable by law

Crimes
offenses, transgressions or infractions of the law

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 Felonies

Murder Rape Aggravated assault

and/or battery
unlawful sexual activity, most often is the crime committed when
the unlawful premeditated killing
involving sexual intercourse, physical violence actually occurs;
of one human being by another
against the will of the victim threats and intimidation alone are
through force or the threat of considered to be assault
force

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 Felonies

Arson Robbery Burglary

the act or crime of willfully, the taking or attempting to take the act of breaking into a building
wrongfully, and unjustifiably anything of value from the care, (as a house) especially at night to
setting property on fire often for custody, or control of a person or steal
the purpose of committing fraud persons by force or threat of force
or violence and/or by putting the
victim in fear

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 Felonies

The manufacture, sale, distribution, In some states, the simple

Fraud or possession with intent to possession(possession without
Deceptive practices intended to distribute of certain types and/or intent to distribute, e.g., for
secure unfair or unlawful financial quantities of illegal drugs; personal use) of certain types of
gain. Examples include securities illegal drugs, usually in more then
fraud, healthcare fraud, and credit a certain quantity but regardless
card fraud of quantity for some drugs, in
some jurisdictions (such as Virginia
for cocaine and heroin) regardless
of quantity;

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 Felonies

Vandalism on federal Treason

property
the crime of betraying one's
the willful destruction or damaging country, especially by attempting
Grand larceny or grand theft, i.e.,
of property in a manner that to kill the sovereign or overthrow
larceny or theft above a certain
defaces, mars, or otherwise adds a the government
statutorily established value or
physical blemish that diminishes
quantity of goods;
the property's value

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 Felonies

Kidnapping Perjury Cheque fraud

criminal offense consisting of the committed by any person who shall
refers to any efforts to obtain
unlawful taking and carrying away knowingly make untruthful
money illegally using paper or
of a person by force or fraud or statements or make an affidavit,
digital checks
the unlawful seizure and detention upon any material matter and
of a person against his will required by law

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 Felonies

Copyright
infringement
occurs when a copyrighted work is reproduced,
distributed, performed, publicly displayed, or
made into a derivative work without the
permission of the copyright owner

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 ELEMENTS OFA FELONY

It must be an act or omission

A felony must involve an act (action) or an omission (failure to

act) that constitutes a violation of the law
Act: This refers to a physical action taken by the defendant, such
as committing murder, theft, or arson.
Omission: In some cases, a failure to act can be criminal if there
is a legal duty to act. For example, a caregiver who neglects to
provide necessary care to a dependent person may be charged
with a felony for their inaction.

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 ELEMENTS OFA FELONY

If a person intentionally shoots someone, that act is the basis for a murder
charge. Conversely, if a parent fails to provide food and shelter to their child,
resulting in harm, that omission can lead to charges of child neglect or
abuse.

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 ELEMENTS OF A FELONY

It must be voluntary

the act or omission must be voluntary, meaning that the

defendant had control over their actions and made a conscious
choice to engage in the behavior
Voluntary Actions: The law typically only holds individuals
accountable for actions they consciously chose to perform.
Involuntary actions, such as reflexive movements or actions taken
under duress without choice, generally do not constitute a felony

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 ELEMENTS OF A FELONY

A person who deliberately plans and executes a robbery is acting

voluntarily. However, if someone accidentally causes harm due to a
medical condition (e.g., a seizure), it may not meet the voluntary
requirement for criminal liability.

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 ELEMENTS OF A FELONY
It must be punishable by law

(Revised Penal Code) because there can be no penalty without law

– “nulla poena sine lege”
For an act to be classified as a felony, it must be defined as such
under criminal law and carry significant legal penalties
Felonies are typically punishable by imprisonment for more than
one year, substantial fines, or both. Some felonies may also carry
the death penalty or life imprisonment, depending on the severity
of the crime and jurisdiction

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 ELEMENTS OF A FELONY

Murder, robbery, and aggravated assault are all felonies that carry
severe punishments, reflecting their serious nature. In contrast,
misdemeanors or infractions may involve less severe penalties, such as
shorter jail sentences or fines.

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 Felonies are committed:
By means of deceit(dolo) – commonly referred to
as deceit or fraud, refers to the intentional act of
misleading or tricking someone to gain an
advantage or cause harm. In legal contexts, it
often relates to various forms of fraud where a
person deliberately misrepresents information to
achieve an unlawful objective.

Key Aspects of Dolo (Deceit)

1. Intentional Misrepresentation: Dolo involves the deliberate act of lying or
presenting false information.
2. Reliance: The victim must reasonably rely on the deceitful information provided.
3. Resulting Harm: The victim suffers harm, loss, or damages as a direct result of the
deceit.

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 Examples of Dolo (Deceit)
Fraudulent Misrepresentation:

Scenario: A person sells a used car, claiming it has never

been in an accident and is in excellent condition. In
reality, the car has been in a serious accident, and the
seller has repaired it poorly to hide the damage.

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 Examples of Dolo (Deceit)
Embezzlement:

Scenario: An employee who has access to company funds

creates false invoices for services not rendered and
directs payments to their personal account.

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 Felonies are committed:
culpa or fault, refers to a situation in which an
individual causes harm or damage to another
person or property due to negligence or failure to
exercise reasonable care

Key Aspects of Culpa (Fault)

1. Negligence: Culpa typically arises from a breach of duty to act with reasonable care,
leading to an unintended injury or damage.
2. Lack of Intent: The harm caused is not deliberate; it results from a failure to act
responsibly or with caution.
3. Causation: There must be a direct link between the negligent act and the resulting
harm.

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 Examples of Culpa (Fault)
Car Accident Due to Negligence:

Scenario: A driver is texting while driving and fails to

notice that the traffic light has turned red, resulting
in a collision with another vehicle.

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 Examples of Culpa (Fault)
Medical Malpractice:

Scenario: A surgeon performs a procedure but fails to

follow established protocols, leading to complications
for the patient.

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 CRIMES THAT
MIGHT BE
BROUGHT INTO
ACTION AGAINST
EMPLOYER OR
EMPLOYEE

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 CRIMES THAT MIGHT BE BROUGHT
INTO ACTION AGAINST EMPLOYER
OR EMPLOYEE
MALPRACTICE
refers to professional misconduct or failure to
exercise the standard of care that results in harm
or injury to another person
In the context of caregiving, malpractice occurs
when a caregiver neglects their duties or acts in a
way that leads to harm or danger to the person
they are caring for
Caregiver malpractice typically involves
negligence, substandard care, or intentional
misconduct.

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 CRIMES THAT MIGHT BE BROUGHT
INTO ACTION AGAINST EMPLOYER
OR EMPLOYEE
Key Elements of Malpractice
Duty of Care: A caregiver has a legal and ethical duty to
provide care that meets certain professional standards.
Breach of Duty: The caregiver fails to meet these
standards, either through action or omission.
Causation: The breach of duty directly causes harm or
injury to the patient or person under care.
Harm or Injury: The person under care suffers physical,
emotional, or financial harm as a result of the caregiver's
negligence or misconduct.

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 CRIMES THAT MIGHT BE BROUGHT
INTO ACTION AGAINST EMPLOYER
OR EMPLOYEE
Examples of Malpractice in Caregiving
Failure to Administer Medication Properly

Scenario: A caregiver is responsible for administering

medication to an elderly patient. However, the caregiver
fails to give the medication on time or gives the wrong
dosage, leading to health complications.

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 FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
OR SERVICE, AND THE LIKE
refers to the act of intentionally altering, forging,
or misrepresenting information on official
documents to deceive others

Key Aspects of Falsification

Intentional Misrepresentation: The individual must
deliberately create a false document or alter an existing
one to mislead others.
Materiality: The falsified information must be significant
enough to influence decisions, such as employment,
medical treatment, or legal actions.
Deception: The act of falsification is carried out with the
intent to deceive a third party, such as an employer,
government agency, or educational institution.

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 FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
OR SERVICE, AND THE LIKE
Certificate – Any writing by which testimony is given
that a fact has or has not taken place (Bouvier’s Law
Dictionary)

The following are liable for falsification of

certificates:

Any physician or surgeon who, in connection with

the practice of his profession, shall issue a false
certificate
Any public officer who shall issue a false
certificate of merit or service, good conduct or
similar circumstances.
Any private person

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 Example of Falsification

Falsified Medical Certificates:

Scenario: An employee provides a fake
medical certificate claiming they were
hospitalized for two weeks due to a
serious illness. In reality, they were not sick
and used the falsified document to obtain
paid sick leave.

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 USING FALSE CERTICATE

refers to the act of presenting or utilizing a

document that has been forged, altered, or
falsely created to deceive others
Any one who shall knowingly use any of the false
certificates above mentioned shell be liable under
the law (Art. 174, RPC).

The use, to be penalized, must be made with the

knowledge that the certificate is false.

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 Example of Using a False Certificate

Falsified Academic Credentials:

Scenario: A job applicant submits a fake

diploma claiming they graduated from a
prestigious university with honors. In
reality, they never attended the institution.

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 USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
involves intentionally using a false identity or
name to mislead others about one’s true
identity
Key Aspects of Using a Fictitious Name and
Concealing a True Name
Intent to Deceive: The individual using a fictitious name must intend to
mislead others, whether for personal gain, to evade legal obligations, or to
commit fraud.
Material Misrepresentation: The fictitious name must be used in situations
where the true identity is significant, affecting the decisions of other parties
involved.
Legal Consequences: Using a fictitious name to deceive others can lead to
serious legal ramifications, including criminal charges and civil penalties.

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 USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
A fictitious name is any other name, which a person
publicly applies to himself without the authority of the
law.
Signing of fictitious name in an application for passport
is publicly using such fictitious name.

WHO ARE LIABLE?

A) Any person who shall publicly use a fictitious name
for the purpose of
Concealing a crime
Evading the execution of a judgment
To cause damage
B) Any person who conceals his true name and other
personal circumstances
Mere concealment, without the purpose stated in (a),
the crime is punishable as a misdemeanor.

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 Examples of Using a Fictitious Name and
Concealing a True Name

Business Fraud:
Scenario: An individual operates a business
under a fictitious name (a "doing business as"
or DBA) to avoid personal liability or to
mislead customers about the legitimacy of the
business. They fail to register the fictitious
name legally.

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 FICTITIOUS NAME
Café Delights:
Context: A coffee shop that operates under the name "Café Delights," while the owner's legal
name is not associated with the business. The owner must register this fictitious name to
operate legally.

Kiddie World Toys:

Context: A toy store that uses the fictitious name "Kiddie World Toys" instead of the owner's
personal name. The business must file for a certificate of registration for the fictitious name.

Sari-sari Store by Juanita:

Context: A small retail store owned by Juanita who chooses to name it "Sari-sari Store by
Juanita" rather than using her surname. This name can help in branding the store in the
community.

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 USE OF UNREGISTERED ALIASES

An alias is a name different from what was

registeredat birth in the local civil registry, or baptism
and in the case of an alien, his name registered upon
his entry in the Bureau of Immigration.
Any person desiring to use an alias shall apply for
judicial authority to use such name in a proceeding
similar to the proceeding in obtaining authority for a
change of name.
Exception: The use of pseudonyms for literary, cinema,
TV, radio or other entertainment purposes, and athletic
events where the use of pseudonyms is normally
accepted practice.

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 ALIASES
Jasmine Curtis-Smith:
Alias: "Jas"
Context: The actress and model is often referred to as "Jas" by her friends and fans as a shorter,
more casual version of her name.
Kris Aquino:
Alias: "The Queen of All Media"
Context: Television host and actress Kris Aquino is known by this nickname due to her influence in
the media industry and her multifaceted career.
Manny Pacquiao:
Alias: "Pacman"
Context: The famous boxer and politician is widely recognized by this nickname, which is derived
from his boxing prowess and is used by fans and commentators.

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 PHYSICAL INJURIES

WOUND- refers to an injury to the body, particularly

the skin, caused by a cut, blow, or other impact that
typically breaks the surface of the skin. It can also
refer to any damage to bodily tissues, including
internal injuries

BEAT-means to repeatedly strike or hit a person or

object with force. In a legal or criminal context,
beating typically refers to physical violence or
repeated blows inflicted upon a person, which may
cause injury, pain, or distress

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 PHYSICAL INJURIES
ASSAULT- is the act of intentionally threatening or
attempting to cause physical harm to another person,
creating a reasonable fear of imminent harm

Administer an injurious substance means to deliberately

give or expose someone to a harmful substance, such as
poison, drugs, or chemicals, that can cause injury, illness, or
death. In legal terms, this act is considered a crime,
especially if done with malicious intent or negligence, and
can lead to serious charges like poisoning or attempted
murder

Mutilation refers to the act of severely damaging,

disfiguring, or destroying a part of a person’s body, often
causing permanent injury or loss of function. It involves the
intentional and malicious act of altering or removing body
parts, such as cutting off limbs or facial disfigurement

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 PHYSICAL INJURIES

The three degrees of physical injury:

a) Serious physical injury – requires

hospitalization for more than 30 days
b) Less serious physical injury – requires
hospitalization for 10 to 30 days
c) Slight physical injury – requires hospitalization
from 1 to 9 days

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 THEFT
Any person who, with intent to gain, but without
violence against or intimidation of persons or
force upon things, shall take personal property of
another, without the latter’s consent commits
theft

ELEMENTS OF THEFT:
a) That there be taking of personal property
b) That said property belongs to another
c) That the taking be done with intent to gain
d) That the taking be done without the use of
violence against or intimidation of persons or force
upon things.

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 THEFT
That there be taking of personal property

Larceny in common law is the felonies taking by

trespass and the carrying away of the goods of
another without the latter’s consent, with the
felonies intent to permanently deprive the owner
of his property.
In theft, the taking or carrying away is not
required.
Theft is consummated when the offender is able
to take possession of the thing taken or when
offender is able to place the thing taken under
his control.

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 THEFT
PERSONAL PROPERTY MAY INCLUDE THE
FOLLOWING

Electricity and gas

Promissory notes and checks
Invoices

THAT THE TAKING BE DONE WITH INTENT

TO GAIN
Intent to gain refers to the intention of placing the
property taken under his control and making him the
owner thereof.
A person, therefore, who takes personal property of
another believing it to be his own is not guilty of
theft because there is no intent to gain.

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 THEFT

THEFT IS QUALIFIED (PENALTY IS INCREASED

TWO DEGREES HIGHER – PRC):

If the theft is committed by a domestic servant

If the theft is committed by with grave abuse of
confidence
If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption or any
other calamities, vehicular accident or civil
disturbance.

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 THREATS AND COERCION

threat refers to an expression of intent to

cause harm, injury, or damage to a
person, their property, or their loved ones
Coercion involves forcing someone to act
against their will by using threats,
intimidation, or other forms of pressure
Differences:
Threats are a means of intimidation or
warning of harm.
Coercion involves the actual use of
threats or pressure to make someone act
against their will.

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 THREATS AND COERCION
GRAVE THREATS – ELEMENTS

a) That the offender threatens another person

with the infliction upon the latter’s person , honor or
property or upon that of the latter’s family, of any
wrong;
b) That such wrong amounts to a crime,
c) That there is a demand for money or that any
other condition is imposed, even if nit unlawful
d) That the offender attains his purpose

LIGHT TREATS
(blackmail) are committed in the same manner
as grave threats except that the act threatened
to be committed should not be a crime.

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 THREATS AND COERCION

OTHER ACTS PUNISHED AS LIGHT THREATS:

By threatening another with a weapon, or by

drawing such weapon in a quarrel, unless it is
done in lawful self-defense

By orally threatening another, in the heat of

anger, with some harm not constituting a crime,
and who be subsequent acts, shows that he did
not persists in the idea involved in his threat

By orally threatening another

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 THREATS AND COERCION

GRAVE COERCION
there are two ways of committing grave
coercion:

1. By preventing another, by means of violence,

from doing something not prohibited by law

2. By compelling another, by means of violence, to

do something against his will, whether it be right or
wrong

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 UNJUST VEXATION

is a legal term in the Philippines that refers to any act that

causes annoyance, irritation, or disturbance to another person
without a justifiable reason. It is considered a form of light
coercion under the Revised Penal Code of the Philippines,
specifically under Article 287

Examples of Unjust Vexation:

Constantly making harassing phone calls to someone just to annoy them.
Playing loud music at odd hours to intentionally disturb your neighbors.
Deliberately blocking someone’s way to irritate them or prevent them from
passing.
Sending repeated, unwanted messages on social media with the intent to
bother the recipient.
Giving someone false information to mislead or cause them inconvenience.

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 SEDUCTION
in legal terms typically refers to the act of
persuading someone to engage in sexual relations
through deceit, manipulation, or promises of
marriage
seductive behavior is when your speech and/or
actions exude any of the words from seduce like
seductive or seductress
It means you tempt, entice, persuade, or manipulate
another person for a specific reason, usually one
that benefits you

ELEMENTS:
A. Offended party is over 12 and under 18 years of age
B. She must be a good reputation, single or widow
C. That the offender had sexual intercourse with her
D. That it I committed be means of deceit

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 SEDUCTION
WHO ARE LIABLE FOR SEDUCTION
1. Those who abused their authority
a. Person in public authority
b. Guardians
c. Teacher
d. Persons who in any capacity, is entrusted
with education or custody of the woman seduced
2. Those who abused confidence reposed in them
a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship with
the victim
a. Brother who seduced sister
b. Ascendant who seduced descendants

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 SEXUAL ASSAULT (RAPE)
refers to any non-consensual sexual act or behavior
that is forced upon another person
in Canada, the crime of rape has been abolished as
a separate offense and merge into a wider general
category of sexual assault
Normally, rape is committed with the application of
threat or violence but it can also be committed by
fraud

A. By persuading the victim that what is to take place

is not sexual intercourse
Ex. By representing it as medical treatment

B. Impersonating some other person, such as the

victim

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 A contract is a meeting of minds between two persons whereby

THE on binds himself, with respect to the other, to give something or

to render some services.

CONTRACT

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 Essential requisites of a contract:

THE 1) Consent – the concurrence of the wills of the contracting

parties with respect to the object and the cause which shall
CONTRACT constitute the contract.

2) Object – the thing, right or service which is the subject

matter of the obligation which is created or established

3) Cause – the why of the contract or the essential reason

which moves the contracting parties into the contract.

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 Characteristics of a contract:

THE 1. The obligatory force of contracts – contracts are perfected by

mere consent, and from that moment, the parties are bound not only

CONTRACT to fulfill what has been expressly stipulated but also to all of its
consequences.

2. The mutuality of contracts – since the contract must be binding

upon both parties, its validity and compliance cannot be left to the will
of one of them.

3. The autonomy contracts – the contracting parties may establish

such agreements as they may deem convenient; provided they are not
contrary to law, morals good customs, public order or public policy.

4. The relativity of contracts – contracts take effect only between

the parties, their assigns and heirs. They cannot, as a general rule,
produce any effect upon third persons.

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 CAREGIVER EMPLOYMENT CONTRACT: A FAIR WORKING
ARRANGEMENT

THE You and your employer both need to understand clearly

CONTRACT the terms and conditions of your employment
Relationship between employer and live-in employee is
much like any professional relationship
It is worth-while to set out clearly what each person
expects of the other to avoid any misunderstanding about
the terms of the working relationship
Contract will indicate what your employer expects of you
and will help ensure that your employer fulfills his or her
legal responsibilities to you

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 THE
CONTRACT
CONTRACT CAN HELP AVOID FUTURE PROBLEMS BY:

1. Protecting your rights

2. Providing a clear statement of your
obligations
3. Describing the terms and conditions of
employment which usually includes the maximum
number of hours of work per week and wage rate
for those hours of work

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 HOW ARE CONTRACTS ENFORCED

THE Government of Canada is not a party to the contract

CONTRACT It has no authority to intervene in the employer-employee
relationship or to enforce the terms and conditions of
employment
Contract will help to protect your rights as an employee
by providing a written agreement of the terms of the
employment
It is a basis for discussion with your employer should a
misunderstanding arises, or for a complaint to proper
authorities responsible for employment standards should
this become necessary. It is for this reasons that you
should insist on your own copy of the completed contract

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 THE The Employment Standards Act requires the employer and
the caregiver not to sign an employment contract before work

CONTRACT begins. The contract outlines the terms and conditions of

employment and must include the following:

-Duties the caregiver will have to perform

-Hours the caregivers will have to work in a day, and days in
a week
-Wage rate – the minimum allowed is $7.60 an hour I B.C.
(note the higher the cost of living in that province, the
minimum wage would also be higher)
-Charge for room and board – the most allowed is $325.00 (
subject to change by regulation or depending on your
employer.

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 THE REMEMBER:

CONTRACT contract may cover other terms and conditions

contract terms cannot provide less than the standards
require by the Act
employer has the right to set the caregiver’s work
schedule
employer must keep a record of daily hours worked
employers and caregivers must agree on a higher
wage rate, but not lower than the minimum one

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 THE
CONTRACT Daily Overtime
when a caregiver works more than 8 hours in a day

Weekly Overtime
earned when a caregiver works more than 40 hours in
a week

LEGAL ASPECTS AND WORK ETHICS Page 66 of 82

 THE RIGHTS Live-In Caregivers

OF A Pros:
1. Continuous Care
CAREGIVER 2. Consistent Routine
3. Cost-Effective
4. Companionship

Cons:
1. Privacy
2. Accommodation
3. Limited Time Off

LEGAL ASPECTS AND WORK ETHICS Page 67 of 82

 THE RIGHTS Live-Out Caregivers
OF A Pros:

CAREGIVER
1. Flexibility
2. Privacy
3. Specialization

Cons:
1. Cost
2. Consistency
3. Availability

LEGAL ASPECTS AND WORK ETHICS Page 68 of 82

 Employment
Standards 1. Days-off each week

Regulations
2. Vacation time with pay
3. Paid public holidays
4. Overtime pay
5. Minimum wage
6. Other protection, including equal pay, equal
benefits, pregnancy leave and notice of
7. employment termination.
8. Maximum charges for room and board.

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 Employment NATIONAL HOLIDAYS
Standards 1. New Year's Day (January 1)

Regulations
2. Good Friday (Friday before Easter Sunday)
3. Easter Monday (Monday after Easter Sunday) -
Public sector only
4. Victoria Day (Monday preceding May 25)
5. Canada Day (July 1)
6. Labour Day (First Monday in September)
7. Thanksgiving Day (Second Monday in October)
8. Christmas Day (December 25)
9. Boxing Day (December 26) - Public sector and some
provinces

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 Employment
ANNUAL VACATION
1. Caregivers are entitled to annual vacation after

Standards having worked for one complete year.

2. Caregiver must have at least 2 weeks vacation
Regulations during the second year of employment.
3. The caregiver is also entitled to annual vacation pay.
4. Annual vacation pay is 4% of total, or gross wages
earned in the preceding year ofemployment.
5. After 5 years, the annual vacation entitlement
increases to three weeks and annual vacation pay to
6%.
6. There is no requirement to give a vacation in the
first partial year of employment.
7. A vacation does not include those occasions when
the caregiver goes with the employer on a trip, if the
worker is required to work.

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 Employment
Standards
Regulations LEAVE OF ABSENCES
1. Pregnancy
2. Parental
3. Family responsibility
4. Bereavement and jury duty

LEGAL ASPECTS AND WORK ETHICS Page 72 of 82

 KNOW YOUR
RIGHTS Employers can’t refuse to pay for overtime work
They can’t force you to work excessive hours
They can’t have you deported if you refuse or
complain
Charges for meals not eaten at your employer’s
home can’t be deducted from your salary (if they
are deducted, you should find out the maximum
amount that your employer can legally deduct from
room and board)

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 BENEFITS
1. Hospital and medical Care Insurance
2. Worker’s Compensation Plan
3. Employment Insurance
4. The Canada Pension Plan
5. The Old Age Security Program

LEGAL ASPECTS AND WORK ETHICS Page 74 of 82

 DEDUCTIONS
1. Employees have the right to their own privacy in
the employer’s home.
2. Off-duty time is yours to spend as you wish.
3. You have the right to refuse to do work that is not
covered by your contract with the employer
4. Your legal documents, such as your passport and
employment authorization, are your private
property. Do not give them to your employer.

LEGAL ASPECTS AND WORK ETHICS Page 75 of 82

 1. best protection against abuse is information

ABUSE
2. know your rights and what steps to take if
something goes wrong
3. Do not confront your abuser
4. Inform the police or the responsible provincial
authorities and let them take care of the
investigation
5. advocacy group may also provide counseling and
support
6. If your employer treats you unfairly, you can call or
write to the nearest provincial or territorial labor
standards office

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 Quitting your job
RESPONSIBILITIES
OF EMPLOYER Changing Employer
AND EMPLOYEE
Breaking the Contract

If you lose your job

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RESPONSIBILITIES
OF EMPLOYER
AND EMPLOYEE EMPLOYER’S RESPONSIBILITY TO A LIVE-IN EMPLOYEE:

1. Payroll requirements
2. Deductions
3. Employers are required to deduct from wages

LEGAL ASPECTS AND WORK ETHICS Page 78 of 82

DOCUMENTATION
ISSUES 1. Incident Reports
essential documents used to record and communicate
details about an unexpected event or accident that
occurs in a workplace or care setting
2. Advance Directives
legal documents that allow individuals to outline their
preferences for medical treatment and healthcare
decisions in the event that they become unable to
communicate their wishes due to illness, injury, or
incapacitation

LEGAL ASPECTS AND WORK ETHICS Page 79 of 82

 Living Will
DOCUMENTATION pecific type of advance directive that outlines an individual's
ISSUES preferences regarding medical treatment and end-of-life care
in situations where they are unable to communicate their
wishes
it specifically addresses end-of-life care and other critical
medical conditions.
Do not resuscitate orders
order is a medical directive that instructs healthcare providers
not to perform cardiopulmonary resuscitation (CPR) or other
life-saving measures in the event of a patient's cardiac arrest or
respiratory failure
Informed consent
fundamental ethical and legal requirement in healthcare
ensuring that individuals are fully informed

LEGAL ASPECTS AND WORK ETHICS Page 80 of 82

 refer to the moral principles and values that guide individuals'
WORK ETHICS behaviors and attitudes in the workplace
a strong work ethic encompasses various attributes, including
professionalism, responsibility, integrity, and dedication
iIt plays a crucial role in fostering a productive and positive
work environment, enhancing relationships among colleagues,
and contributing to the overall success of an organization

Key Components of Work Ethics

Integrity
Responsibility
Dedication
Professionalism
Teamwork
Punctuality and Reliability

LEGAL ASPECTS AND WORK ETHICS Page 81 of 82

 refer to the moral principles and values that guide individuals'
WORK ETHICS behaviors and attitudes in the workplace a strong work ethic
encompasses various attributes, including professionalism,
responsibility, integrity, and dedication iIt plays a crucial role in
fostering a productive and positive work environment, enhancing
relationships among colleagues, and contributing to the overall
success of an organization
Compassion and Empathy
Respect for dignity
Reliability and Dependability
Prefessionalism Confidentiality
Integrity and Honesty Teamwork and Collaboration
Cultural Competence
Advocacy
Continuous Learning and
Improvement

LEGAL ASPECTS AND WORK ETHICS Page 82 of 82