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Can an employer ask a foreign worker to forfeit and/or contract out of his/her rights?

No. A foreign worker cannot agree to or contract out of his/her rights as prescribed under either the Employment Standards Act, 2000 or the Employment Protections for Foreign Nationals Act,…

What is the Employment Protection for Foreign Nationals Act, 2009?

Ontario’s Employment Protection for Foreign Nationals Act, 2009 (the “EPFNA”) provides key rights and obligations for recruiters, employers, and foreign workers. Specifically, the EPFNA applies to foreign nationals who work…

Are temporary foreign workers entitled to Employment Insurance (EI) Benefits?

Generally, yes. Under the Employment Insurance Act, all “insured” workers may access EI benefits given that they have paid their EI premiums and have satisfied the minimum requirements, including completion…

Do foreign workers have protections against discrimination?

Foreign workers have the same human rights protections as other Ontario workers. The Ontario Human Rights Code sets out several protected grounds. Protected grounds for purposes of employment include citizenship,…

Are foreign workers working in Ontario entitled to protections under the Employment Standards Act, 2000?

Yes, an employee’s immigration status does not affect their rights to entitlements such as overtime pay, minimum wage or vacation pay under the ESA. However, depending on the industry the…