LIVE-IN CAREGIVERS
Hello … welcome to our Ministry of Labour employment standards podcast. Today, we're going to discuss the rights of foreign nationals either working as live-in caregivers or seeking work as live-in caregivers in Ontario.
If you are working or looking for work under the federal Live-in Caregiver Program, you have rights under the Employment Protection for Foreign Nationals Act.
First, you must be provided with an information sheet outlining your rights under this Act, as well as an information sheet on your Employment Standards Act rights. These information sheets are available in English, French, Filipino, Hindi and Spanish.
If a recruiter contacts you or if you contact a recruiter regarding employment as a live-in caregiver, the recruiter must give you a copy of the information sheets. 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.
If you were hired directly by your employer, and not through a recruiter, your employer must provide you with the information sheets.
Under the Employment Protection for Foreign Nationals Act, a recruiter cannot charge you any fees.
A recruiter cannot charge you a fee for helping you find work. As well, a recruiter cannot charge you fees for extra services such as orientation, resume writing, interview preparation, or First Aid training sessions.
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.
A recruiter or an employer cannot take or retain your property for any reason. This includes taking your passport … it's prohibited.
You cannot agree or sign a contract to give up any of your rights under this Act. Any such contract or agreement is invalid.
Your recruiter, your employer, and any person acting on their behalf, is prohibited from intimidating or punishing you for asking about or asserting your rights under the Employment Protection for Foreign Nationals Act or the Employment Standards Act.
In other words, 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 are a foreign national working as a live-in caregiver, or you are a recruiter or an employer of such a caregiver, you can find more detailed information on rights and responsibilities on our website.
Go to Ontario.ca - forward slash - EPFNA . That's Ontario.ca - forward slash - EPFNA
Or, you may call our Information Centre at 1-800-531-5551. That's 1-800-531-5551.
There you can get information on your rights and responsibilities. As well, if you wish to file a claim under the Employment Protection for Foreign Nationals Act or the Employment Standards Act, our staff can provide you with more information.
That's it for this Ministry of Labour employment standards podcast.
Thank you for listening.