Legislation to Protect Models and Foreign Workers

Amendments to be introduced in Spring 2008.

At a news conference on November 21, Nancy Allan, Labour and Immigration Minister in the Manitoba Government, announced that the NDP government intends to introduce amendments to the Employment Services Act to regulate both the modelling industry and Temporary Foreign Workers. The new amendments will be introduced in the spring 2008 following consultations with stakeholders, including labour.

These two groups are being targeted because both are subjected to exploitation, and neither has previously had much in the way of legislation to specifically protect their type of worker. The Employment Services Act currently regulates "head hunter" agencies who find workers for employers. The Act requires these agencies to be licensed and prohibits them from charging employees for jobs. This Act will be updated to require, among other things, that modelling agencies and Immigration consultants also be licensed.

"I commend the Manitoba Government for being the first in Canada to support these most vulnerable workers with this type of legislation," said MFL President Darlene Dziewit upon hearing of the proposed legislation. "It is overdue. I can only hope other provincial governments will follow suit. There are virtually no laws anywhere to protect child models and Temporary Foreign Workers. I believe that legitimate modelling agencies and immigration consultants will welcome this legislation."

Modelling is a big business that makes a lot of money off of very young girls, usually between the ages of 12 and 20. These young women are often sent to places like Thailand, Japan, New York and Milan in order to model. Often they are not even accompanied by a family member, and are prey for unscrupulous predators. The new proposed legislation will hold agencies responsible for the children they employ.

Temporary Foreign Workers also have little, or no protection against unscrupulous employers. Very few are fortunate enough to be working in a unionized environment, such as Maple Leaf in Brandon, where UFCW 832 is working on their behalf, with English Additional Language classes as well as the full protection of a collective agreement, and an aggressive union to advocate for them.

Temporary Foreign Workers are often lured to Canada by illegitimate immigration consultants from their own country, or from Canada, who often fail to provide what they promised. In addition, these consultants often charge large sums for their services, as well as rent, etc. The workers, who usually don't speak the language or know the customs, don't know who to turn to for help.

They are afraid of the employer, who can have them sent home. They do not know their rights. These workers can be skilled trades people, domestics (who live with their employers), unskilled workers or agricultural workers. The provincial government, which enforces minimum employment standards, has no way of knowing where or who these workers are, let alone how to observe their working conditions. The new legislation, with cooperation from the federal government, will give the province information as to where these people are working and how many are working for a particular employer.