Live In Caregivers! Know your rights!

[Quickquestion]

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.

labour.gov.on.ca/english/es/pubs/is_fn_epfn.php

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.

 

[TorontoGal]

Not all employers are horrible people - otherwise why do caregivers come here?

I am upset with the lack of trust caregivers have with their employers. With my caregiver in particular, because I can only go based on experience is there is a severe lack of trust and the only people caregivers trust is “my friend” or “the people at the church”.

The “Church people” sound more like cult worshippers than anything else. So my caregiver listened to her fellow parishners and didn’t ask for my assistance on some paperwork she required to obtain a re-entry visa for emergency purposes and she was denied. They gave her the wrong information.

She proceeded to show me the refusal letter and what she was missing was a letter from me stating she currently works for me. It was clearly marked in the documents required.

When I called CIC, they told me she is lucky to have an employer like me to help her. That most of the caregivers are turned down “refused” because they have asked their “friends” for her and the information passed to them is incorrect.

Everyone has rights in this country but to merely bash the employer – when games are played on both sides – is unjust in what is a just country.

 

[dben]

Toronto Gal...I agree with you. What a caregiver should do is keep a daily diary of his or her activities with the employer and note any discrepancies like extra work without pay. At the end of the contract, the caregiver can always go to the labour board and report it.

 

[TorontoGal]

How do you live like that? In any employer/employee relationship there should be trust to a certain level. Are you saying do this for ll caregivers with all employers?
While i don't know the entire story of the lady Guiliana on the site here, you are only getting her side. There are always 3 sides to a story
hers, employers and the truth.

How come there is no mention of room and board costs.
She might be asked to work from 7:30-7:30 - are there breaks? there was no mention.
are some of the hours working for her room and board? - there was no mention of that.
So $1200 might actually be reasonable based on other stipulations of the contract between then EE and ER which we are unaware of.

 

[Quickquestion]

It doesn't matter if she had breaks. When someone works overtime they should get paid. And it is not unreasonable to keep a log. In the non-caregiving employment world, employees track their worked time and days and report this to payroll, so why would caregivers not be able to track their time worked too!? Also, unfair incidents should also be tracked and logged. If you have nothing to hide as an employer providing a fair work environment, then you should have no problem with your employee logging time/incidents.

The fact is that many caregivers are exploited by their employers. These employers think that their word is God and that the caregiver should listen to them and do whatever they say, usually under the duress of retaining their unilateral employment/relationship. Also, Torontogal, trust is not easily measured or given. Your caregiver clearly doesn't trust you because you just haven't earned from her, based on either a violation from your end, or her end, or as you say, the truth.

Nobody is painting all employers as wrong. But without sufficient oversight from a body like the ministry of labour or other agencies that protect working citizens, then it is even more important to flush out those bad employers.

Also, last time I checked, citizens and non-citizens in this country have a right to worship or associate peacefully to pray without discrimination, especially from heathens.




http://m.theglobeandmail.com/news/arts/television/andrew-ryan/the-nannies-state-of-uncertainty/article1630481/?service=mobile.

 

[TorontoGal]

I have no real issues with my live in caregiver and I am only commended by Immigration representative s when i call to check in on papers, rules, regulations and requirements of the program and applications for whatever visa and PR documents as an "employer" that cares!
Perhaps you misread what I wrote.

 

[Quickquestion]

No. It was pretty clear that you were trying to justify illegal rent, illegal miscellaneous living/boarding costs and illegal working conditions.

In general, just because someone smiles when they ask someone to work extended hours without pay (keeping in mind that as an employer, you pay for breaks), or shave a little bit of their salary for what they deem should be the employers, doesn't make it right.

 

[Giuliana]

I agree with quickquestion for all that he wrote!
I had the same bad situation...because when they sponsor you is like you have to give them your life or say thank you every second...because you are here only because of them....and this is not right!
So I quit with that family..... and now I am changing the family to continue the program.
So for all live in caregivers: Defend your right...is for you...is for your dignity...for your person...and when you think that you don't have choise is that moment that instead you have to be proactive and fight for your right!
Giuliana

 

[TorontoGal]

I think you are taking what was said way out of context! I merely said that how can an employee:employer relationship be based on minute to minute work? Oh I am goign to walk around with a notebook in my pocket and or use my cell phone and text myself a message on "i work 7.2 minutes extra today".
Come on people. This is the only country in the world that offers - FREE citizenship. I am in NO WAY saying people should take advantage of people - but you have blown it out of context.

 

[TorontoGal]

I have nothing to hide. I think you are probably someone that got "once bitten twice shy" with some situation and now you think all employers take advantage. The idea of just landing a new job and basically logging every breathe, word, sneeze - its ridiculous.

People need to talk to each other - employers and employees need to talk to each other and work it out amongst themselves.
In general from what I have seen, caregivers come here and some get involved in what i have heard "the church" who then proceeds to take $ from them and tell them "supposed" truths about employers, mislead them to false information. I have had that happen to me, I always double check any paper work with CIC, immigration canada, labour ministry etc.. The officers always tell me what a great employer I am for helping my caregiver get the CORRECT information. Everything thus far that my caregiver has been told by the fellow "church go'ers" has been misleading. She has thus far lost time and money with bad information.

 

[newbies]

I agree with TorontoGal, It`s a good thing that you know how to respect our rights us employees. I am an employee and I have my own struggles right now because my employer doesn`t know about live-in caregiver rights. I hand in my resignation and he told me that he will not charge my for breaking my contract , where did he get that idea. He said it is like a hockey game once you get out from your signed contract you will pay... Some employers and some employee are ignorant on their rights. They should do their part together.. When I asked my employer about my payroll summaries for the immigration purposes he said he will not be the one who provide that, and I told him, that I am not your accountant and I don`t know how to do it myself. So he asked his accountant to do it and then when he hand it to me, he said you owe me a lot because I helped with your documents. He doesn`t know his obligation as an employer. I wonder why there are employers who don`t know about the live-in caregiver stuff and they keep hiring us. So I decided to resign and find an employer who knows how to honor our rights and there are some employers too who gave us promises but when we are here working with them already they broke their promises.

 

[HONEYGIRL]

Yea ur rite!there is alot of employer out there that taking advantage of us.like my epx.i just quit my job last firday coz my employer refuse to give me my T4 slip they diducted all the taxes on my salary and i had paysilp.i give them notice stated that i need my money my vacation pay,T4 slip and my ROE... ans u know what they never give me anything last friday they r so bad... i cant file my EI coz i dont have my ROE.. and he told me if i quit my job i will start allover again... i say how do u know that i finish my 24 months last yr and my open work permit is on process together my with my PR they dont want me to quit my job there how can i stand thier if all my taxes they never remit to the gov. and they give me a payslip with all didaction made they r realy bad goshhhh... now its hard for me coz i dont have job... and still waiting for my open work permit

 

[jhearylee]

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 her 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 hotel 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.

 

[jhearylee]

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.

labour.gov.on.ca/english/es/pubs/is_fn_epfn.php

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.

 

[job_seeker]

Just give them notice. And go find a new one hopefully a kinder family.

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.