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It is simple. Don't hire an AP. It is supposed to be a cultural experience for them. And don't say you explained all the rules and they agreed. They do not fully appreciate what being locked at home means.
I don't fault you for your rules. I fault you for bringing on a young girl from another country and locking her in your house. Whether she initially agreed or not. |
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Many smart au pairs do undertand what it is like to be in lockdown. I am not sure how caught up you are on current events, but the pandemic happens to be global in nature. So unless the au pair is coming from a few Asian or African countries that are doing a much better job than us, then they have experienced lockdown. The rules are the rules. How about this---don't agree to *be* an au pair with a family if you don't like their rules? How's that for adulthood? |
Wrong. Being locked up with your boss and your children’s a totally different thing.
Please stop telling yourself what you are doing is ok. Human traffickers say the same thing. Oh, this is better than the girl is treated at home. Shame. You know it. Own it. — host mom of 8 years. |
How is it different as compared to an 18-22 year old live-in nanny who just happens to be a US citizen. It’s not. Yet contracts with exposure clauses are very valid. I’m a live-in nanny in my mid 30s. Almost EVERY live-in contract currently has an exposure clause. Why would APs and HPs not have the same thing? If they do (and it sounds like it was disclosed before matching, so it’s not hinky), why wouldn’t it be enforceable? |
Is this a serious question. As a live in nanny you can leave at any time. You can change jobs. Etc.
APs can’t. They can rematch but that takes time and is risky. |
Thry have a LCC and an agency to help. They can rematch. They have a home in another country if they can’t rematch. Young live-in nannies (just starting out) sometimes don’t have another home to which they can return. They never have an agency (agencies require 2+ years of experience), and there’s no such thing as a LCC for nannies. And rematch is non-existent; either a live-in nanny has a job and a home or they don’t. All of that is irrelevant. Contracts are signed prior to start date, just like families told APs the rules prior to start date. There are many live-in nannies and APs who had their outside lives curtailed when rules were imposed midyear due to covid. There is no difference there, none. |
Well, oral employment contracts are NOT enforceable. Written employment contract similarly have defenses built in like unconscionability, duress, mistake of law or fact b/c of language, etc. People who employ live-in nannies who are here without status are breaking the law and can certainly use one's immigration status against them (and do frequently). Similarly APs are here on a visa tied to a specific family and are also frequently abused. A legal live-in nanny is unlikely to agree to have her sex life controlled by her host family, be told she cannot visit her family, or be told she is not allowed to leave the house. Most APs would similarly not match with a family who told them that their sexuality and freedom of movement would be at the will of their HF. See, e.g., https://www.politico.com/magazine/story/2017/03/au-pair-program-abuse-state-department-214956. |
Trafficking victims are being locked up because the traffickers are exploiting them for meager pay and to avoid police and law enforement and escape. HFs are imposing rules o keep people safe from a pandemic and to keep all involved safe. Signed--someone who actually works with trafficking survivors. |
Then.don't. match. with. them. |