The Ontario government is set to roll out implementation of Ontario Bill C210, otherwise known as the Employment Protection for Foreign Nationals Act, on February 22. The new law is designed to curb abuses of foreign workers, expressly bans collection of placement fees, and provides hefty fines and imprisonment for violators.
This was gathered by Atin Ito from Welfare Officer Eric Parungao of the Philippines Overseas Labour Office (POLO), who called on Ministry of Labour enforcement officials last January 19, together with Director Vivian Tornea of the Overseas Workers Welfare Office (OWWA). The Philippines labour officials met with Director Steve Grier and Coordinator Ian Ward of the Ontario Labour Ministry’s Employment Practices Branch.
Parungao quoted Director Grier as saying February 22 as the target date for the new law’s implementation, and that an information campaign by the Ministry will be undertaken along with the rollout, which would include sending out of information packages to the employment agencies and employers, the media, and to other interested parties.
The new law was approved by the provincial legislature by a vote of 48-13 last December 9. It follows the public outcry that accompanied the year-long series of Toronto Star articles that revealed widespread abuses by recruiters and employers in the Live-In-Caregiver and Temporary Workers programs, with some recruiters charging workers as much as $10,000 for bogus jobs.
In April last year, the provincial government established a toll-free “nanny hotline” which foreign workers could call for information on labour standards, and for assistance in labour-related problems.
Highlights of the new legislation are:
- A ban on fees charged to live-in caregivers by recruiters, either directly or indirectly, or by anyone on behalf of a recruiter.
- Preventing employers from recovering, directly or through a third party, recruitment or placement costs from live-in caregivers.
- Prohibiting the practice of taking a caregiver's personal documents such as a passport or work permit.
- Prohibiting reprisals against caregivers for exercising their rights undeR the legislation.
- Allowing live-in caregivers up to 3 1/2 years to make a complaint – up from the two-year period under the Employment Standards Act.
Parungao said POLO is developing working arrangements with the Ministry to facilitate assistance to Filipino workers under the new law and other existing provincial labour regulations. He said that his Office has compiled a list of complainants, and of agencies and employers abusing Filipino workers, which will be referred for action to the Ministry as soon as the new law becomes formally effective.
Alberta crackdown As this developed, an unlicensed employment agency in Alberta has paid back $15,000 in illegal fees it charged to find jobs for foreign workers. Recent changes to Alberta’s Fair Trading Act were designed to curb the exploitation of foreign workers through the charging of fees for finding jobs and require agencies who recruit immigrants for employment in the province to be licensed.
Service Alberta received nine complaints that Josephine Garcia Ramoso, operating as 4 J’s Garcia, collected $15,000 from co-workers and individuals in Edmonton’s Filipino community to recruit their relatives in the Philippines for jobs in Alberta. The workers remained in the Philippines and were never offered jobs.
After an investigation by the provincial government, Ramoso was charged under the Fair Trade Act of operating without a licence. She pleaded guilty and was ordered to pay back the fees she had charged by a court-ordered deadline of Jan. 15. She was also fined a total of $4,500 — $500 for each count — which she has to pay by Sept. 10.
“If employment agencies take advantage of foreign workers, we take it very seriously,” said Service Alberta Minister Heather Klimchuk in a release. “We investigate and take action, and we work hard to get restitution for the workers through the courts. This is a good example of that happening successfully.”
Print
Tell friend
Top
