Filing A Claim

In Ontario, you might submit 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 discover how they can help you get training, develop abilities or find a new job.

Suing

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

Sue

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 filing a work standards declare

If you have actually currently started a claim

If you have actually already begun or submitted 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 actually formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the very same email address, you will not be able to see any of your formerly submitted claims. If you need assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise submit 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 claims

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 guidelines and/or exemptions that may apply to them.

A claim may be made when you think your employer 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 vacation pay, vacation pay or other incomes they are entitled to under the ESA.

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

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

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

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

– an employment agreement

– collective agreement

– the common law

– other legislation

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

Time limits for filing an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you should sue within two years of the supposed ESA violation. If you sue within the two-year limitation a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-term staff member 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 violations consist of:

– an employer charging you any charges

– an employer charging you for employment employing costs (with restricted exceptions).

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

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all earnings owed, you may have the ability to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific workplace protections to kid entertainers 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 employment payment of travel expenditures.

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– companies.

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

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 believe workplace defenses have not been provided to a kid performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

– a child performer under 18 years of age.

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

The child performer should not be covered by a collective agreement.

To sue:

Download the claim kind from the forms repository and wait to your computer.

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

2. Complete the type with all the needed details.

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

Please just submit your claim once.

After you submit a claim:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the alleged PCPA infraction.

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 file a claim with the Ministry of Labour, employment Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not intended for you if:

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

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

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

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

What to expect after you sue

Claims are examined in the order that they are received. The amount of time it considers a claim to be assigned differs, employment depending upon numerous factors, including the quantity of inbound claims. Anyone who submits an employment standards claim receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for examination.

The claims examination procedure can take several months. Most of the times, a claim is assigned 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 a work requirements officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if necessary.

To avoid hold-ups with processing your claim, please ensure all info is proper and supporting documents are submitted. If you are sending a problem, you ought to register for the claimant website so you can log in to see where your problem is in the procedure.