Even if a person is undocumented, without status or a valid work permit they are still covered under Ontario’s Employment Standards Act (ESA). They can seek unpaid wages and other entitlements through a claim at the Ministry of Labour. However, the greatest risk in fighting for unpaid wages or filing a complaint as an undocumented worker is the threat of retaliation by an employer. In many cases this means a threat to call immigration to get the worker deported rather than follow the law and pay all statutory entitlements.
WAC’s new factsheet provides practical tips to ensure protection for the worker while still asserting their rights. A basic overview is provided of the ESA, Human Rights and WSIB. Other valuable information includes safely filing a claim at the Ministry of Labour, Human Rights Tribunal or WSIB and what to do if a worker is leaving Canada. Information on basic income supports such as Social Assistance and Employment Insurance are also covered.
The “Protect Yourself” section provides tips to ensure workers are getting paid properly and know what to do if their boss is breaking the law. Relevant resources are listed for both front line workers and their clients who may be without status and facing a workplace problem.
Soon to be translated into Spanish and Chinese. Look out for updates on translations of these languages and others.
Download your copy from our Know Your Rights page on our website.