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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, 2009, nor can the foreign worker agree to any terms that are in contravention of either Act.

Employers who attempt to persuade employees to forgo their rights under the ESA or EPFNA can be entitled to remedies under these statutes and/or civil remedies such as those relating to wrongful dismissal, general damages and extended severance.

If you are a foreign worker and your employer in Canada has asked you to agree to something illegal or has required you to contract out of your rights, please contact Toronto immigration and employment lawyers, Sultan Lawyers, at (416) 214-5111 or via email to mlahert@sultanlawyers.com.