Filing A Claim
In Ontario, you may sue 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 broken.
If you have actually lost your task, please check out Employment Ontario to learn how they can assist you get training, construct abilities or discover a brand-new task.
Filing a claim
You can sue online for any issues with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can likewise sue online for issues connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when filing an employment requirements declare
If you have actually already begun a claim
If you have currently started or sued through the claimant website, you can:
– check in to continue your claim
– inspect the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have actually formerly signed up for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you require support, please get in touch with the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and utilize the website.
Internet web browser requirements
To file a claim online utilizing e-claim or to access the claimant portal you ought to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers may work, but they are not supported by the e-claim or claimant website.
PDF claim forms
You can also file an ESA or EPFNA claim utilizing the PDF claim kind.
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 employees working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and employment some workers who are covered by the ESA have special rules and/or exemptions that may use to them.
A claim may be made when you believe your company has actually broken your rights under the ESA.
Examples of ESA violations include:
– Failure to pay an employee the appropriate rate of pay and/or public holiday pay, vacation pay or other salaries they are entitled to under the ESA.
– Not providing a worker with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.
– Not providing a staff member with wage statements or other required documents.
To learn more, see Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.
The ESA is not the only law that applies to Ontario offices. The rules under the ESA are minimum requirements. You might have higher rights under:
– an employment agreement
– collective arrangement
– the typical law
– other legislation
If you have concerns about your privileges, you might wish to get in touch with an attorney.
Time limitations for filing an ESA claim
There are time limitations that apply to filing an ESA claim. Generally, you should file a claim within 2 years of the supposed ESA violation. If you file a claim within the two-year limitation a work requirements officer will examine the claim.
Similarly, if your employer owes you earnings, the salaries must have been owed to you in the two years before your claim was declared the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you believe your company or an employer has breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.
Examples of EPFNA infractions consist of:
– a recruiter charging you any charges
– an employer charging you for employing expenses (with minimal exceptions).
– a recruiter or company holding onto your residential or commercial property (such as a passport).
– an employer or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For employment example, employment if you are not being paid all salaries owed, you may have the ability to submit a claim under the ESA.
Time frame for employment filing an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can typically provide an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) offers specific work environment securities to kid entertainers who are under 18 years of age working in the live and recorded show business.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenditures.
The PCPA uses to:
– child performers.
– their parents.
– their guardians.
– employers.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.
Learn more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace defenses have actually not been supplied to a child performer in Ontario. Suing is totally free.
To submit a claim, you need to be either:
– a child entertainer under 18 years of age.
– the parent or guardian of a kid performer under 18 years of age.
The kid entertainer should not be covered by a collective arrangement.
To submit a claim:
Download the claim form from the forms repository and conserve it to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Complete the form with all the required info.
3. Select the “submit by email” button within the type to submit your claim.
Please only file your claim as soon as.
After you sue:
– You will receive an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time restricts to submitting a PCPA claim
Generally, a PCPA claim need to be filed within two years of the alleged PCPA infraction.
When a claim can not be submitted
Generally, a claim can not be submitted if:
– you have taken court action versus your employer for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and employment Skills Development and choose to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is filed.
This claim kind is not meant for you if:
– you work in a market that falls under federal jurisdiction.
– you wish to submit a complaint about occupational health and wellness.
– you wish to submit a human rights problem under the Human Rights Code.
– you want to sue 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 assigned differs, depending upon a number of aspects, consisting of the quantity of inbound claims. Anyone who sends a work standards claim receives a verification and is assigned a claim number. You will be contacted by the ministry once the claim has been designated for examination.
The claims examination process can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, offers a composed decision and takes enforcement action if necessary.
To prevent hold-ups with processing your claim, please guarantee all details is right and supporting files are submitted. If you are sending a problem, you must sign up for the claimant website so you can visit to see where your grievance is in the process.