Filing A Claim

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

If you have actually lost your task, please see Employment Ontario to learn how they can assist you get training, develop skills or find a brand-new job.

Suing

You can file a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also sue online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when submitting a work requirements declare

If you have actually currently begun 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 previously registered for the claimant portal using a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account using the very same email address that was utilized when you registered in the claimant portal. If you do not utilize the very same e-mail address, you will not be able to see any of your previously submitted claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise file an ESA or EPFNA claim utilizing the PDF claim form.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

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

Employment Standards Act declares

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

A claim might be made when you believe your employer has broken your rights under the ESA.

Examples of ESA infractions consist of:

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

– Not offering an employee with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.

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

For additional information, see Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario work environments. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to contact a lawyer.

Time frame for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you need to submit a claim within 2 years of the supposed ESA infraction. If you file a claim within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you salaries, the earnings need to have been owed to you in the 2 years before your claim was filed for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or a recruiter has actually breached your rights under the EPFNA.

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

Examples of EPFNA offenses include:

– an employer charging you any fees

– an employer charging you for working with expenses (with limited exceptions).

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

– an employer or employer penalizing you for asking about or exercising your EPFNA rights.

Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may be able to submit a claim 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 alleged EPFNA infraction. Similarly, a work standards officer can usually issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific work environment protections to kid entertainers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Learn more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace protections have not been supplied to a kid entertainer in Ontario. Suing is totally free.

To sue, you must be either:

– a child performer under 18 years of age.

– the parent or job guardian of a child performer under 18 years of age.

The child performer should not be covered by a cumulative contract.

To submit a claim:

Download the claim form from the forms repository and conserve it to your computer system.

1. Open the kind with Adobe Reader (download Adobe Reader for totally free).

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

3. Select the “submit by e-mail” button within the type to submit your claim.

Please just submit your claim when.

After you file a claim:

– You will get an email verification that includes your claim number.

Ministry of Labour, Immigration, Training and job Skills Development staff will examine your claim as rapidly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your company for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not meant for you if:

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

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

– you wish to submit a human rights grievance under the Human Rights Code.

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

What to expect after you file a claim

Claims are examined in the order that they are received. The amount of time it takes for a claim to be appointed differs, depending upon numerous elements, including the amount of inbound claims. Anyone who submits an employment standards declare gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for job investigation.

The claims examination process can take numerous months. For job the most part, a claim is designated 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 composed decision and takes enforcement action if required.

To prevent delays with processing your claim, please ensure all info is right and supporting files are filed. If you are sending a problem, you ought to sign up for the claimant website so you can log in to see where your complaint remains in the procedure.