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Filing A Claim

In Ontario, you might submit a claim with the Ministry of Labour, Immigration, Training and employment 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 broken.

If you’ve lost your job, please check out Employment Ontario to learn how they can help you get training, construct skills or discover a 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).

Sue

You can likewise sue online for concerns associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to anticipate when submitting a work requirements declare

If you have actually already started a claim

If you have actually currently started or submitted a claim through the claimant website, employment you can:

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant portal utilizing a ONe-Key account, please select the sign-in/ create account button and develop a My utilizing the very same e-mail address that was used when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not have the ability to see any of your previously sent claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an introduction of the portal features, including how to sign-up and use the website.

Internet browser requirements

To file a claim online utilizing e-claim or to access the claimant portal you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might work, but they are not supported by the e-claim or claimant website.

PDF claim kinds

You can likewise file an ESA or EPFNA claim using the PDF claim type.

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, Ontario
P6A 6V4

Employment Standards Act declares

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

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

Examples of ESA offenses consist of:

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

– Not supplying a staff member with time off for an entitled leave of lack under the ESA or punishing a worker for taking such a leave.

– Not providing a worker with wage statements or other needed documents.

For more details, see 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 work environments. The rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective contract

– the common law

– other legislation

If you have concerns about your privileges, you might wish to call a lawyer.

Time limits for filing an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA infraction. If you file a claim within the two-year limitation a work requirements officer will investigate the claim.

Similarly, if your company owes you wages, the salaries must have been owed to you in the 2 years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for employment Foreign Nationals Act declares

A claim may be made when you think your company or a recruiter has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or employment foreign temporary worker program. For employment instance, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

– a recruiter charging you any charges

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

– an employer or employer holding onto your home (such as a passport).

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

Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all earnings owed, you might be able to sue under the ESA.

Time limitations for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards officer can generally 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular work environment protections to child performers who are under 18 years of age working in the live and documented entertainment markets.

It includes minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA uses to:

– kid entertainers.

– their parents.

– their guardians.

– employers.

Sections are enforced by the Health and employment Safety Program or the Employment Standards Program.

Discover 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 believe workplace defenses have not been provided to a kid performer in Ontario. Suing is complimentary.

To sue, you need to be either:

– a kid entertainer under 18 years of age.

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

The kid entertainer should not be covered by a cumulative agreement.

To sue:

Download the claim form from the kinds repository and save it to your computer.

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

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

3. Select the “send by e-mail” button within the form to send your claim.

Please only submit your claim once.

After you sue:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be submitted within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

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

This claim type is not planned for you if:

– you operate in a market that falls under federal jurisdiction.

– you want to file a problem about occupational health and wellness.

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

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

What to anticipate after you submit a claim

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be designated varies, depending upon numerous aspects, including the amount of inbound claims. Anyone who submits a work standards claim receives a verification and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if essential.

To avoid delays with processing your claim, please ensure all information is appropriate and supporting files are filed. If you are submitting a grievance, you ought to sign up for the claimant portal so you can log in to see where your problem remains in the process.