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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 violated.

If you have actually lost your job, please check out 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 issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also submit a claim 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 anticipate when filing a work requirements declare

If you have actually currently started a claim

If you have actually currently started or filed a claim through the claimant website, 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 website utilizing a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the exact same email address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly submitted claims. If you need assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To submit a claim online using e-claim or to access the you should utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also 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 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 guidelines and/or exemptions that might use to them.

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

Examples of ESA infractions consist of:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other incomes they are entitled to under the ESA.

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

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

To learn more, go to Your Guide to the Employment Standards Act or the Guide to special rules 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 agreement

– the typical law

– other legislation

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

Time frame for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must sue within two years of the supposed ESA violation. If you sue within the two-year limit an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

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

Examples of EPFNA violations consist of:

– an employer charging you any costs

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

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

– an employer or employer punishing you for inquiring about or exercising your EPFNA rights.

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

Time frame for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, job an employment 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 certain work environment securities to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

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

Find out more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have not been provided to a child performer in Ontario. Suing is free.

To file a claim, you must be either:

– a kid performer under 18 years of age.

– the moms and dad or guardian of a kid performer under 18 years of age.

The child performer need to not be covered by a cumulative arrangement.

To file a claim:

Download the claim type from the forms repository and save it to your computer system.

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

2. Fill out the form with all the needed details.

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

Please just file your claim as soon as.

After you submit a claim:

– You will receive an email confirmation that includes your claim number.

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

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

This claim kind is not intended for you if:

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

– you wish to submit a problem about occupational health and security.

– you want to file a human rights grievance under the Human Rights Code.

– you want to sue with the Workplace Safety and job Insurance Board (WSIB).

What to anticipate after you sue

Claims are examined in the order that they are received. The quantity of time it considers a claim to be appointed differs, depending upon numerous aspects, including the quantity of inbound claims. Anyone who submits a work requirements declare receives a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims examination procedure can take several months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO completes the investigation, offers a composed decision and takes enforcement action if necessary.

To prevent delays with processing your claim, please make sure all info is appropriate and supporting documents are submitted. If you are submitting a problem, you need to sign up for the claimant portal so you can log in to see where your problem remains in the procedure.