Filing A Claim

In Ontario, you may 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 broken.

If you have actually lost your job, please go to Employment Ontario to discover how they can help you get training, build skills or discover a new task.

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 employment problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting an employment standards declare

If you have currently begun a claim

If you have already begun or sued through the claimant website, you can:

– check in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the same e-mail 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 support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

To submit a claim online utilizing e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also submit an ESA or EPFNA claim using the PDF claim form.

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

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

Examples of ESA offenses include:

– Failure to pay a worker the proper rate of pay and/or public vacation pay, getaway pay or employment other earnings they are entitled to under the ESA.

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

– Not providing a worker with wage declarations or other required files.

For more info, 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 offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– a work contract

– collective contract

– the common law

– other legislation

If you have questions about your entitlements, you may wish to contact an attorney.

Time frame for submitting an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you need to sue within two years of the alleged ESA infraction. If you file a claim within the two-year limitation an employment requirements officer will investigate the claim.

Similarly, if your company owes you earnings, the incomes must have been owed to you in the two years before your claim was declared 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 an employer has breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign momentary staff member program. For example, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions include:

– a recruiter charging you any fees

– a company charging you for hiring costs (with minimal exceptions).

– an employer 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 used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you may be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can typically 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers specific work environment securities to child entertainers who are under 18 years of age working in the live and taped home entertainment markets.

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Discover more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace protections have actually not been offered to a child entertainer in Ontario. Suing is complimentary.

To submit a claim, you must be either:

– a child entertainer under 18 years of age.

– the moms and dad or employment guardian of a child entertainer under 18 years of age.

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

To sue:

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

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

2. Complete the form with all the required info.

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

Please just submit your claim as soon as.

After you submit a claim:

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

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

Time limits to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your for the 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, employment you must withdraw your submitted claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

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

– you wish to submit a grievance about occupational health and wellness.

– you wish to submit 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 expect after you sue

Claims are investigated in the order that they are received. The quantity of time it considers a claim to be appointed differs, depending upon a number of factors, consisting of the amount of incoming claims. Anyone who submits a work requirements declare gets a verification and is assigned a claim number. You will be contacted by the ministry once the claim has actually been assigned for examination.

The claims investigation process can take a number of months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, employment the claim will then be appointed to a work requirements officer (ESO). The ESO completes the examination, supplies a composed choice and takes enforcement action if necessary.

To prevent delays with processing your claim, please guarantee all information is proper and supporting files are submitted. If you are submitting a complaint, you should sign up for the claimant portal so you can visit to see where your problem is in the procedure.