Acts and Regulations

E-7.2 - Employment Standards Act

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Prohibitions on employers of foreign workers
38.91(1)No employer shall require a foreign worker to use an immigration consultant as a condition of employment with the employer.
38.91(2)No employer shall, directly or indirectly, recover from a foreign worker any cost incurred by the employer in recruiting the foreign worker that is not allowed under the program under which the employer has recruited the foreign worker.
38.91(3)No employer shall reduce the rate of wages, reduce or eliminate any other benefit, or change the terms and conditions of employment of a foreign worker that the employer undertook to provide to the foreign worker when the employer recruited the foreign worker for employment.
38.91(4)No employer and no person who recruits foreign workers for employment on behalf of an employer shall misrepresent employment opportunities, including misrepresentations with respect to the position to be filled by a foreign worker, the duties of the position, the length of employment, the rate of wages, benefits and other terms and conditions of employment.
38.91(5)No employer and no person who recruits foreign workers for employment on behalf of an employer shall supply or cause to be supplied false or misleading information to a foreign worker about employer and employee rights and responsibilities.
38.91(6)No employer and no person who recruits foreign workers for employment on behalf of an employer shall take possession of or retain property that the foreign worker is entitled to possess, including the foreign worker’s passport or work permit.
38.91(7)No employer that provides accommodations to a foreign worker shall refuse to allow the foreign worker to vacate the employer-provided accommodations for other accommodations.
38.91(8)No employer and no person who recruits foreign workers for employment on behalf of an employer shall threaten a foreign worker with deportation or another action for which there is no lawful cause.
2014, c.3, s.1