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 foreign worker is employed, exceptions that apply under the regulations of the ESA may apply.
If you have questions about your rights and entitlements under the ESA or other questions relating to your employment as a foreign worker, please contact Toronto immigration and employment lawyers, Sultan Lawyers at (416) 214-5111 or via email at mlahert@sultanlawyers.com.