Undocumented Workers in Ontario: Navigating Claims with the Ministry of Labour and Human Rights Tribunal

In Ontario, all workers, regardless of immigration status, are entitled to certain legal protections. This includes the right to file claims with the Ministry of Labour for unpaid wages and to seek redress through the Ontario Human Rights Tribunal (HRTO) for discrimination. However, undocumented workers often face significant challenges in asserting these rights.

Employment Standards Act (ESA) Protections

Under Ontario's Employment Standards Act, all workers are entitled to basic employment rights, such as:

• Minimum wage

• Overtime pay

• Vacation and public holiday pay

• Termination and severance entitlements

  
  

Importantly, immigration status does not affect these entitlements. Undocumented workers can file complaints with the Ministry of Labour regarding violations of the ESA. The Ministry is obligated to investigate these complaints, and employers cannot legally retaliate against workers for asserting their rights.

Human Rights Tribunal of Ontario (HRTO)

The HRTO adjudicates complaints related to discrimination under the Ontario Human Rights Code. The Code prohibits discrimination in employment based on grounds such as race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability.

Undocumented workers who experience discrimination in employment may file a claim with the HRTO. The Tribunal does not require applicants to disclose their immigration status, and it is illegal for employers to retaliate against employees for filing such complaints.

Challenges Faced by Undocumented Workers

Despite legal protections, undocumented workers encounter several barriers:

• Fear of Deportation: Many workers fear that asserting their rights may lead to deportation, deterring them from filing complaints.

• Lack of Awareness: Limited knowledge about legal rights and available resources can prevent workers from seeking help.

• Language and Literacy Barriers: Challenges in understanding legal documents and procedures can hinder the filing of claims.

• Retaliation by Employers: Employers may threaten to report workers to immigration authorities if they file complaints .

• Limited Access to Legal Representation: Undocumented workers may have difficulty accessing affordable legal services.

Steps to Protect Yourself

Undocumented workers can take several steps to protect themselves while asserting their rights:

• Document Everything: Keep records of hours worked, wages paid, and any communications with the employer.

• Seek Support: Contact organizations such as the Migrants Resource Center Canada or Migrante Ontario for guidance and support.

• Confidentiality: Use a trusted address and phone number when filing complaints to maintain privacy.

• Know Your Rights: Educate yourself about your legal entitlements under the ESA and the Human Rights Code.

  
  

Need Assistance?

If you're an undocumented worker in Ontario facing employment issues or discrimination, Apuntar Legal Services is here to help. Our experienced paralegals specialize in human rights and employment law and can provide confidential, compassionate support to navigate the legal system.

Disclaimer: This blog post provides general information and should not be construed as legal advice. For personalized legal assistance, please contact a qualified professional.