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Dear Ms. Gerardine,
My name is Michelle and I have been working as a caregiver in the last 28 months. I have already
submitted my permanent residence application. However, I received a letter from immigration
requesting for copies of records from my previous employer. I worked for this employer for 9 months
but they terminated me after I complained of unfair practices. They made me work past my number of
hours in our employment contract.
“My employer brought me on several occasions to their friend’s house and made me clean for more than 8 hours without pay. I also had to babysit their friend’s child whenever they go out together”
Then my employer brought me on several occasions to their friend’s house and made me clean for more than 8 hours without pay. I also had to babysit their friend’s child whenever they go out together. They were paying me 35 hours a week with no overtime even though I work daily from 8 am to 8 pm and up to 12 midnight during parties. I asked them several times for the issuance of my Record of Employment as requested by immigration but until now, they have not given me. I also found out recently when I asked CRA for option C that there is no record for 2017. What can I do?
Michelle of Toronto
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Dear Michelle,
What happened to you was a caregiver abuse, a clear violation of the employment standards act as well as the tax law. You must report this employer to the Ministry of Labour as well as the Canada Revenue Agency.
Laws protecting against caregiver abuse
As a foreign national working as a caregiver in Ontario, you are covered by the Employment Protection for Foreign Nationals Act of 2009 which also sets protection against caregiver abuse. Every time your employer brought you to the friend’s house to clean without paying you for it, that employer and the friend are both liable for contravention of this Act particularly Section 4 (4) of the Act.Moreover, by terminating you after complaining about the violations in your employment contract, your employer has violated the prohibitions against reprisals, section 10 (1)(a)(b) of the Act. There is however a limitation in the time of reporting the contravention of the Act. You must not go beyond 3 years and one half in reporting or complaining. So, if you are still within the limitation period, I would advice for you to seek assistance from the Ministry of Labour.
The address is:
Ontario Ministry of Labour
400 University Avenue,
14 th Floor
Toronto ON M7A 1T7
Telephone: Employment Standards Information Centre
GTA: 416-326-7160
Canada-wide: 1-800-531-5551
I would also suggest that you inform Immigration, Refugee, and Citizenship Canada (IRCC) of the employer’s abuse. Employers have no right to abuse TFWs just because their PR relies on their employment with them.
RCIC – R-523942