Caregivers' Action Centre

Caregivers push back against minister Kenney’s “empty promises”

On 7 Oct 2015, members of the Caregivers’ Action Centre attended a campaign rally where former defense minister and minister of immigration, Jason Kenney addressed the Filipino community at Mt. Zion Seventh Day Adventist Church in Downsview, Ontario.

Kenney’s touting of the so-called “improvements” to the Caregiver Program are contrary to the reality that by and large, the changes to the program have made the lives of Caregivers even more difficult than before, with 90% of Labour Market Impact Assessments (LMIAs) coming back negative. This effectively locks in Caregivers into potentially abusive employment situations, and the doubling of waiting times for permanent residency applications.

Kristina Torres, a member of CAC, states that “The Conservative government is touring our churches, temples and mosques, posing as a friend to immigrants while secretly making it harder for our families to stay together. Nothing else will do. We do not need more empty promises.”

The relegation, exploitation and oppression of migrant Women workers of Colour is UNACCEPTABLE.

Caregivers and all migrant workers must have permanent status upon arrival!

For further reading, click here to check out Ethel Tungohan’s article on rabble.ca

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CAC member Pura Velasco castigates former immigration minister Jason Kenney

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CAC member Kristina Torres fervently calls out the conservative party for its discriminatory policies

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Caregivers hold up signs that say “Caregivers deserve permanent status on landing!”

Caregivers Action Centre Submission to Ontario Labour Law Reform

Caregivers seek permanent residency upon arrival as a key strategy to addressing vulnerability at work. The Ontario government should advocate for this change in the federal immigration system. There is still much that can be done to improve protections for caregivers under the ESA. The Caregivers’ Action Centre endorses the recommendations set out in Still Working on the Edge: Building decent jobs from the ground up. In addition, there are specific measures that address the particular vulnerabilities of caregivers outlined below. We recommend:

Download our full submissions to the Changing Workplaces Review HERE.

  1. The ESA should provide for an eight-hour day and a 40-hour work week. Employees should have the right to refuse work beyond 40 hours. Overtime at time and a half should be paid (or taken as paid time off in lieu) after 40 hours.
  2. Increase vacation entitlement to three weeks per year. The employee should have the right to determine when vacation is taken.
  3. Repeal the exemption for employers of 49 or less workers from providing personal emergency leave. Provide 7 paid sick days per year.
  4. Bring the ESA in line with the federal caregiver program and prohibit deductions for room and board for live-in caregivers.
  5. Establish set fines (rather than Employment Standards Officer discretion) for confirmed violations, including settlements and voluntary compliance.
  6. Order employers to pay interest on all unpaid wages. The names of employers found in violation of Employment standards should be publicized on the Ministry of Labour website.
  7. Under the employer registry of caregivers recommended below, conduct education to inform employers of their responsibilities and employee’s anti-reprisals protections.
  8. Conduct proactive inspections of employers of caregivers.
  9. Authorize the Ministry of Labour to request bonds in cases where wages may go unpaid due to employer’s history of previous wage claim violation or sectors at high risk of violations such as caregivers and other migrant workers.
  10. Amend the ESA to include protection from wrongful dismissal.
  11. Change the Canada-Ontario Immigration Agreement (COIA) to create an open work permit program for caregivers and migrant workers who have filed complaints against employers under the ESA and against recruiters under the Employment Protection for Foreign Nationals Act.
  12. To protect migrant workers from employers who reduce the conditions of work specified in their contract of employment under the TFWP, workers should be able to make claims under the ESA when conditions of the employment contract have been reduced or not complied with.
  13. Establish the legislative framework to enable sectoral bargaining in Ontario. The Labour relations act prohibits caregivers from organizing unions. Caregivers should be able to unionize and bargain sectorally with employer representatives.
  14. Ontario should adopt a proactive system of employer registration, recruiter licensing (including the mandatory provision of an irrevocable letter of credit or deposit), mandatory filing of information about recruitment and employment contracts, and proactive government inspection and investigation in line with the best practices model adopted in Manitoba’s Worker Recruitment and Protection Act and the enhancements developed in Saskatchewan and Nova Scotia. Specific enhancements to the Manitoba model that should be adopted in Ontario include:
    1. mandatory reporting of all individuals and entities that participate in the recruiter’s supply chain in Canada and abroad;
    2. mandatory reporting of detailed information regarding a recruiter’s business and financial information in Canada and abroad as developed in Nova Scotia’s legislation;
    3. explicit provisions that make a licensed recruiter liable for any actions by any individual or entity in the recruiter’s supply chain that are inconsistent with the Ontario law prohibiting exploitative recruitment practices;
    4. public registries of both licensed recruiters and registered employers;
    5. explicit provision that makes it an independent offence for an employer to engage the services of a recruiter who is not licensed under the legislation;
    6. explicit provisions that make an employer and recruiter jointly and severally liable for violations of the law and employment contract
  15. Raise the minimum wage to $15 per hour and annually index by inflation.

Are you a Live-in Caregiver? Need legal advice? Come to our FREE LEGAL CLINIC!

Are you a Live-in Caregiver? Need legal advice?

What: FREE LEGAL CLINIC

Time: 1pm-4pm

Where: 720 Spadina Avenue, suite 223 (Spadina and Bloor)

Nearest TTC Subway Station: Spadina

RSVP Required? YES. Click here to RSVP: http://caregiversactioncentre.nationbuilder.com/freelegalclinic2015

Come to the Caregivers’ Action Centre’s FREE Legal Clinic on Saturday September 26at 720 Spadina Ave, suite 223 (Spadina and Bloor)! All current Live-in caregivers are invited to get free one-on-one consultations with our in-house immigration and employment lawyers.

The conservative government made changes to the Caregiver Program in November 2014, which immigration minister Chris Alexander claimed would improve the working conditions of caregivers and allow for faster family reunification – But this has NOT been the case for many caregivers. In fact, the changes to the program have not addressed the huge backlog of PR applications, nor has it solved the problems of the abuse and exploitation of caregivers.

Today, alarmingly high numbers of Caregivers are stuck in limbo, living in difficult and potentially dangerous precarious situations. For this reason, the process of securing a work permit or qualifying/applying for PR has become increasingly stressful and confusing, but don’t despair! You’re not alone and we are here to help. All current caregivers are invited to our Free Legal Clinic to learn more about your rights as a migrant worker and get free legal advice!

RSVP right now by click on this link: http://caregiversactioncentre.nationbuilder.com/freelegalclinic2015

Press Conference: Live-In Caregivers reject the conservative government’s discriminatory policies!

On August 30th, the Caregivers’ Action Centre gave a press conference to expose the lies and discriminatory immigration policies of the conservative government. Six months after Immigration Minister Chris Alexander announced an overhaul of the Caregiver program to win Filipino votes, Live-In Caregivers are criticizing the conservative government for its lies. Labour market assessment (LMIA) applications are being rejected at a rate of 90%, and the time it takes for Caregivers to get permanent residency has doubled. These secretive changes to the rules of the Caregiver Program are forcing Caregivers to stay with abusive and exploitative employers, because quitting the job means being forced to the leave the country. Or when employers lay off caregivers, workers are left in limbo facing almost huge barriers to new employment.

Caregivers’ Action Centre members Kristina Torres and Teta Bayan told their powerful stories of the precarity and abuse they experienced as live-in Caregivers in Canada. Kristina is a Filipina Live-In Caregiver who has had two Labour Market Impact Assessments rejected. Teta is also a Filipina caregiver who has had over 5 employers in Canada and is caught in complications arising from the recent changes to the Caregiver Program.

On October 31, 2014, Minister Chris Alexander announced a program titled Improving Canada’s Caregiver Program which promised to “protect caregivers from abuse and reduce family separation …  caregivers will be provided with more pathways towards permanent residence”. This announcement was specifically pitched to the vote-heavy Filipino community and statements were gathered from key community leaders in support of the promise.

Since then it has come to light that 90% of all LMIAs filed between January and March of 2015 were rejected. Not only does this mean that few Caregivers are coming in from outside Canada, it means that Caregivers already in Canada forced to quit their jobs because of abuse and mistreatment are unable to start a new job. This limit on LMIAs has created immense fear in the Caregiver community, with most workers choosing to stay quiet in the face of abuse and mistreatment.

At the same time, the processing time for permanent residency applications is currently at 46 months, up from 26 months in January 2014. This extended time period that Caregivers must live in limbo awaiting processing of their permanent residency application causes great anxiety, stress and ill-health.
Caregiver organizations are reiterating calls for permanent status on arrival for all migrant workers, and access to open work permits so that workers already in Canada are not locked into bad jobs. 
NO TO CONDITIONAL PERMANENT STATUS! PERMANENT STATUS UPON ARRIVAL FOR ALL CAREGIVERS AND MIGRANT WORKERS!
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Kristina Torres facilitates a Caregivers’ Action Centre community discussion session.

From left to right: Kristina Torres, Karina Francisco, Teta Bayan.

From left to right: Kristina Torres, Karina Francisco, Teta Bayan.

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The community supporters and members of CAC observe the press conference.

CAC gives a Presentation at the Indonesian Consulate!

On Sunday August 23, the Caregivers’ Action Centre gave a presentation to the Indonesian community of Caregivers on the rights of migrant workers, and the mass rejection of LMIAs.

The day was facilitated in conjunction with Betty Wahyuningsih, a Caregiver and labour organizer who is active in the Indonesian community.

The immigration minister Chris Alexander’s “overhaul” of the program was deceivingly promoted as changes that would better protect Caregivers and facilitated faster family reunification. However, the changes to the Caregiver Program clearly have NOT improved the lives of Caregivers. The massive rejection of LMIAs is making it difficult for Caregivers to find jobs, which makes it extremely difficult to complete the  3900 hours required to qualify for permanent resident status

We at the Caregivers’ Action Centre reject the discriminatory rejection of LMIAs! Caregivers and all Migrant Workers deserve permanent resident status upon arrival!

If you are a Caregiver, check out these informative links:

On the “4 in 4 out” rule – Click here

Sign our petition for PR upon arrival – Click here

You can also call or text us at 647-782-6633 if you have further questions.

Indonesian Caregivers put up their fists in solidarity with the advancement of workers' rights.

Indonesian Caregivers put up their fists in solidarity with the advancement of workers’ rights.

 

Caregivers facilitate an LMIA Workshop at the Workers’ Action Centre!

Between January and March of 2015, 90% of LMIAs have been rejected. This is making it extremely difficult for Caregivers to find jobs, and can put them in unsafe and precarious situations. This is also a problem for Canadian families who need childcare.

On Saturday August 8, the members of the Caregivers’ Action Centre held an LMIA workshop at 720 Spadina Avenue, where they facilitated a discussion on how the mass rejection of LMIAs is impacting caregivers. Immigration Lawyer Elizabeth Long also joined in the discussion with a 30-minute presentation on strategies that caregivers can take if their LMIA was rejected.

The workshop concluded with a brainstorming and discussion led by CAC members on how caregivers can organize to collectively respond to the government’s refusal to provide caregivers and migrant workers permanent status.

WP_20150808_013[1]Kara Manso, current Caregiver and organizer for the Caregivers’ Action Centre, gives a presentation on how federal and provincial legislation impacts caregivers and migrant workers.

WP_20150808_001[1]Caregivers’ Action Centre members prepare to facilitate the LMIA workshop. From left to right: Maiko, Kara, Yris, Johnna.

 

Caregivers’ Action Centre hosts a Summer BBQ!

On Saturday July 18, the Caregivers’ Action Centre hosted a BBQ for current and former caregivers at Christie Pits Park! Caregivers from all over the GTA and beyond were able to meet and get acquainted with each other.

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Caregivers play tug-of-war!

WP_20150718_013Caregivers write on a pinata injustices they have experienced as workers in Canada. Answers included “unpaid overtime”, “rejection of LMIA”, “long hours” and “smell [of cigarette smoke]”.

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Good enough to work, good enough to stay! Landed status and justice for Caregivers and Temporary Foreign Workers NOW!

Please e-mail us at caregiversaction@gmail.com to find out how you can get involved!

 

Caregivers facilitate a KNOW YOUR RIGHTS workshop at the Working Women’s Community Centre!

On Saturday July 25, members of the Caregivers’ Action Centre facilitated a workshop on the provincial Employment Standards Act at the Working Women’s Community Centre.

The workshop included an information session on the rights of caregivers to fair employment, fair wages, and safe working conditions. Caregivers also discussed their experiences with exploitation in the workplace.

The workshop concluded with a discussion on the ongoing Employment Standards Act review, and how it impacts caregivers.

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CAREGIVERS ARE NOT DISPOSABLE LABOUR!

WE DEMAND PERMANENT RESIDENCY UPON ARRIVAL!

If you are a caregiver, please e-mail us at caregiversaction@gmail.com to find out how you can get involved!