Filing A Claim

In Ontario, you might file a claim with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being breached.

If you have actually lost your job, employment please visit Employment Ontario to find out how they can help you get training, construct abilities or discover a brand-new task.

Suing

You can sue online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise sue online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when submitting an employment standards declare

If you have currently started a claim

If you have actually currently begun or sued through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account utilizing the exact same e-mail address that was used when you registered in the claimant portal. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your formerly sent claims. If you require help, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and utilize the website.

Internet internet browser requirements

To sue online using e-claim or to access the claimant portal you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may work, however they are not supported by the e-claim or claimant website.

PDF claim kinds

You can likewise submit an ESA or EPFNA claim using the PDF claim form.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, employment Ontario
P6A 6V4

Employment Standards Act declares

Most workers operating in Ontario are covered by the ESA. However, employment some staff members are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that may apply to them.

A claim might be made when you think your employer has actually violated your rights under the ESA.

Examples of ESA infractions consist of:

– Failure to pay a worker the right rate of pay and/or public holiday pay, trip pay or other salaries they are entitled to under the ESA.

– Not offering a staff member with time off for an entitled leave of absence under the ESA or employment penalizing an employee for taking such a leave.

– Not supplying an employee with wage declarations or other required documents.

To learn more, check out Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that uses to Ontario offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– collective agreement

– the typical law

– other legislation

If you have questions about your entitlements, employment you may want to contact a legal representative.

Time limits for filing an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you must submit a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your employer owes you incomes, the incomes must have been owed to you in the two years before your claim was filed for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or an employer has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary staff member program. For instance, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions consist of:

– an employer charging you any charges

– an employer charging you for hiring expenses (with restricted exceptions).

– an employer or company holding onto your residential or commercial property (such as a passport).

– a recruiter or company penalizing you for inquiring about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you might have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, employment an employment requirements officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers certain work environment defenses to kid entertainers who are under 18 years of age working in the live and recorded home entertainment industries.

It consists of minimum rights with regard to hours of work, breaks and payment of travel expenditures.

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– companies.

Sections are implemented by the Health and wellness Program or the Employment Standards Program.

Learn more about the rights of kid performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace defenses have not been provided to a child performer in Ontario. Filing a claim is complimentary.

To sue, you must be either:

– a under 18 years of age.

– the parent or guardian of a kid entertainer under 18 years of age.

The kid entertainer need to not be covered by a cumulative arrangement.

To submit a claim:

Download the claim type from the types repository and wait to your computer.

1. Open the kind with Adobe Reader (download Adobe Reader free of charge).

2. Fill out the kind with all the needed info.

3. Select the “send by email” button within the kind to send your claim.

Please just file your claim once.

After you file a claim:

– You will get an e-mail verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.

Time limits to submitting a PCPA claim

Generally, a PCPA claim need to be filed within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action against your company for the exact same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your submitted claim within two weeks after it is submitted.

This claim form is not meant for you if:

– you operate in an industry that falls under federal jurisdiction.

– you want to submit a complaint about occupational health and safety.

– you wish to file a human rights problem under the Human Rights Code.

– you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you sue

Claims are investigated in the order that they are gotten. The amount of time it considers a claim to be designated differs, depending on a number of factors, consisting of the amount of inbound claims. Anyone who submits a work requirements claim receives a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.

The claims investigation procedure can take a number of months. For the most part, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, provides a written decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please guarantee all details is correct and supporting files are submitted. If you are submitting a problem, you should sign up for the claimant website so you can log in to see where your complaint is in the procedure.