This form is used to file a claim under the Employment Standards Act, 2000 (ESA). The ESA sets out minimum rights for most employees in Ontario workplaces. Use this form to file a claim for issues such as payment of wages, public holidays, hours of work, overtime pay, vacation time and pay, statutory leaves, etc. To learn more about all of your rights under the ESA, visit Your Guide to the Employment Standards Act, 2000.
Here are some important things to remember:
For more information call the Employment Standards Information Centre at 416 326-7160 or 1 800 531-5551 toll-free about your rights under the ESA.
Form title: Employment Standards Claim Form
Form number: MOL-ES-002
Employees should contact their employer about their ESA issue(s) before filing a claim. Issues can often be resolved quickly with this approach.
This step does not apply to everyone. You may have a reason for not contacting your employer. You will have the opportunity to explain your reason on the Claim Form.
For information on contacting your employer, read the Before You Start Booklet.
Completing the Claim Form may be easier if you have the relevant documents with you. If you do not have the documents, do the best you can to fill out the Claim Form with as much detail as possible – you do not have to have these documents in order to file a claim.
These documents can also help with the claim investigation. Keep these documents but do not send the documents to us until requested.
The Claim Form asks you to give a lot of detailed information. It may take you an hour or more to complete it. It is important to read the information contained in the Before You Start Booklet before completing the Claim Form.
It is important to fill in the Claim Form as best you can. The basic information we need from you is marked by asterisks (*). Missing information may cause a delay in processing your claim.
If you do not know the answer to a question marked with an asterisk, you must record "unknown." If the question does not apply to your situation, you must record "not applicable" or "n/a."
Providing complete and accurate information for all other fields ensures that your claim will be processed in a timely manner.
The Ministry of Labour will try to contact you if certain information is missing.
We recommend that you file your claim online at the Ministry of Labour website.
If you file your claim online, you will immediately receive your claim number and a letter that confirms that you filed a claim. You will be able to print and/or save a copy of your claim and confirmation of filing a claim letter.
Please file your claim only once.
If you are concerned about an Employment Protection for Foreign Nationals Act, 2009 (EPFNA) violation, this is not the correct form. You must file an EPFNA claim using the EPFNA Claim Form.
Disclaimer: This resource has been prepared to help employees and employers understand some of the minimum rights and obligations established under the Employment Standards Act, 2000 (ESA) and regulations. It is not legal advice. It is not intended to replace the ESA or regulations and reference should always be made to the official version of the legislation. Although we endeavor to ensure that the information in this resource is as current and accurate as possible, errors do occasionally occur. The ESA provides minimum standards only. Some employees may have greater rights under an employment contract, collective agreement, the common law or other legislation. Employers and employees may wish to obtain legal advice.