Wednesday May 23 2012

It is illegal for an agency to charge an employee for job

December 29, 2007: Potential immigrants to Canada are aware of lots of agents that promise them employment visa in certain areas where Canada is facing shortage of skilled people. Especially in most Asian countries advertisements for live-in caregivers, nannies, and nurses have been getting lot of attention.

These agencies have been giving lots of advertisements to recruit people in such trades and often charge exorbitant fees from such people who are desperate to immigrate at any cost. There is growing pressure with in Canada to regulate such agencies who often indulge in illegal and corrupt practices to recruit people for immigration.

These fees are not legal in Canada and are against the Employment Standards Act for any Canadian employment agency to charge an employee for the purpose of finding him an employer. As per the law, only the employer can be charged.

If the agency is wholly operated outside of Canada, it is possible that they have the right to charge a fee, especially if the fee includes a training course or an airline ticket. But if the service was not as it was promised in the contract, you could potentially fight for a return of your fee in the country the contract was made.

Even if the company is operated wholly outside of Canada, that company may become subject to Canadian Law if they have coerced or compelled you to come to Canada through deception. The Immigration and Refugee Protection Act makes if clear that it is against the law for any person or company to "knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion."

It is very rare that it is the original employment agency who finds the next job for the caregiver. Usually the immigrant finds it through friends, the newspapers, the internet or on one’s own.

If you are victim of any such fraudulent agency help is just a call away. Call at West Coast Domestic Workers' Association at 604.669.4482 to arrange an appointment with out Legal Support Worker, Legal Advocate or Staff Lawyer

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