I just read a post about an employer trying to take advantage of a foreign worker. If you are a live in caregiver, please know that you have employment rights that your employer is required by law to follow. If they do not, then you need to let them know your rights. If they continue to violate your rights, look for employment elsewhere and report them so they don't do it to the next person. You do not owe them anything and they would be required to pay you for all your time worked. They cannot steal or damage your belongings by law just because you refuse. Please don't think you don't have any options.
The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) applies to foreign nationals working as live-in caregivers or seeking work as live-in caregivers in Ontario. For example, if you are working or looking for work under the federal Live-In Caregiver Program, the Act would apply to you.
This information sheet gives a summary of your rights under the EPFNA. As a live-in caregiver employed in Ontario, you also have rights under the Employment Standards Act, 2000 (ESA) to standards such as the minimum wage and limits on hours of work. You have the right to receive an information sheet about your ESA rights, titled Your Employment Standards Rights: Foreign Live-in Caregivers, along with this information sheet.
A recruiter cannot charge you any fee
A recruiter is anyone who finds or tries to find you employment, helps another person in finding you employment, or refers you to someone to help you find employment in Ontario. The recruiter cannot charge you any fees. For example, he or she cannot charge you a fee for your Labour Market Opinion (LMO), work permit, or anything else required for you to begin work in Canada. Additionally, you cannot be charged a fee for extra services such as orientation, resume writing, interview preparation, or First Aid training sessions. The recruiter cannot charge you a fee for these services even if they are optional. In addition, no person working on behalf of a recruiter can collect a fee from you.
Your employer cannot charge you for hiring costs
If your employer paid fees or incurred other costs to hire you, he or she cannot recover these hiring costs from you. This means that your employer cannot charge these costs to you and cannot deduct them from your wages. This includes costs for all the same work-related charges and fees that your recruiter is prohibited from charging you such as for your LMO or work permit.
Your recruiter or employer cannot take your property
Your recruiter, your employer, or a person acting on behalf of either, is prohibited from taking or retaining your property for any reason. This includes documents such as your passport or work permit.
You cannot agree to give up your rights
You cannot agree or sign a contract to give up any of your rights under the EPFNA with your recruiter, your employer, or someone acting for your recruiter or employer. Any such agreement is invalid.
Your recruiter or employer cannot punish you for asking about or asserting your rights
Your recruiter, your employer, and any person acting on behalf of either, is prohibited from intimidating or punishing you for asking about or asserting your rights under the EPFNA or the ESA. You cannot be fired for asserting your rights. You cannot be intimidated or punished for speaking to a Ministry of Labour employment standards officer, filing a complaint with the Ministry, or participating in a hearing.
If your recruiter or employer does intimidate or punish you for asking about or asserting your rights, he or she can be ordered to compensate you for any loss.
If you have a question or want to make a claim
If you have any questions about this information, or believe you have not received your rights and want to make a claim to the Ministry of Labour, please contact the Employment Standards Information Centre at (416) 326-7160 (toll-free at 1-800-531-5551) or, for the hearing impaired, at TTY 1-866-567-8893. You may also visit labour.gov.on.ca for more information or to download a claim form. You can also get an EPFNA claim form at a ServiceOntario Centre. To locate the Centre nearest you, please call 1-800-267-8097.
You have three and a half years to file a claim for your rights under the EPFNA. There is no limit on how much money can be recovered if an order is issued under the EPFNA.
Please note that different time limits apply to claims filed under the ESA and the EPFNA. Also, separate forms are used to file claims under the ESA and the EPFNA.
I have a problem with my employer. I decided to find another employer for so many reasons.
1. It was written in our contract that my weekly minimum hours is 40 but when i started to work in her family, she asked me to just give 30hrs per werk for the reason that his husband is not working. I did not argue with that because i just think that i owe her alot because she hired me online from Jongkong. I just realized that thought was wrong. She hired me because she need me.
2. It happen twice that she had a conference and she asked me to help her and go with them in the hotel to look for tge kids from Friday night to Sunday morning supposedly that's my day-ooff. When she gave me my payslip she never paid me for that overtime. When i ask her she said she forgot. She just paid me when i confronted her and it was 5 months after iy happened.
3. Last February we moved from Ottawa to Smithfalls. It's a country place where no public transportation which is not good to me 'coz i don't have a car. I neec to wait when she will drive me to Ootawa. It happen several times that she will be the one to schedule what time she will pick me up from my day-off which is very early.
4. When we moved to Smithfalls my employer bought a property with a motel in it. Everytime tenants will moved-out i'm the one do all the laindry of all dirty stuffs from the hotels.
5. My employer also cater 2 international students and i'm the one who clean and do all the student's laundry for 4 weeks.
6. It happened last February we had a confrontation. I told them that i am not happy the way that they treated me. Overtime with no pay even my personal life they even mind it. They said they want me to work as a family not thinking about the extra hours that i work without pay because they helped me to be here and they drive me to ottawa in tge weekend which cost gas to them.
7. It happened days ago, my doctor called me to see him as soon as possible to discuss my Pap result. They schedule me thursday. When i talked to my employer about that, they want me cancel my appointment 'coz they have important appointment for her birthday.
Now i decided to change employer. And i hope those are reasonable enough to leave them.