As a general rule, employee claims are subject to a statute of limitations, typically three years.

However, this does not apply to claims aimed at determining the existence of an employment relationship, which do not become time-barred.

An individual employed under a civil law contract, for example, may file a claim to determine the existence of an employment relationship even many years after their employment has ended.

A claim to determine the existence of an employment relationship is different from a claim for employee entitlements (such as vacation pay or bonuses).

Claims for entitlements are subject to the statute of limitations (three years from the date when they became due). This means that, even if a court determines the existence of an employment relationship, the employer may still reject claims for entitlements that have become time-barred.