The Employment Standards Act provides minimum standards for working conditions for most employees in Ontario. These standards include things like minimum wage, vacation pay, public holidays, overtime, termination, and severance pay. In most cases, if an employee believes that their employer is not complying with the Employment Standards Act, they can file a complaint with the Ministry of Labour. However, an employee cannot file a claim with the Ministry of Labour if they have already begun a court action on the same matter. Before filing a complaint, an employee should obtain the "Before You Start" package, which can be found on the Ministry of Labour website or at a Service Ontario centre. This package contains information on how to file a complaint. Generally, employees are advised to notify their employer before filing a complaint. They can do this by speaking to the employer in person, sending a letter, email, fax, or making a phone call. However, there are certain circumstances where it may not be appropriate for the employee to contact the employer, such as fear of the employer, language barriers, wages owed for more than five months, young workers, employer closure or insolvency, and other factors listed on the claim form. The "Before You Start" package also includes template letters on how to contact the employer, a request for a payment form that can be attached to the letter, and an employer notice form from the Ministry of Labour. This form emphasizes the importance of the employee's request and details potential consequences for the employer if they ignore the request. To file a claim, an employee can obtain a claim form from the Ministry of Labour website, by mail from Service Ontario publications, or in person at a Service Ontario centre. The employee must fill out the mandatory fields on the claim...
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