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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 job, please visit Employment Ontario to find out how they can help you get training, develop abilities or find a new job.
Suing
You can file a claim online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when filing a work standards claim
If you have already started a claim
If you have actually already started or sued through the claimant website, you can:
– indication in to continue your claim
– check the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have actually previously signed up for job the claimant portal using 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 portal. If you do not utilize the same e-mail address, you will not have the ability to see any of your previously sent claims. If you require support, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and utilize the portal.
Internet internet browser requirements
To sue online utilizing e-claim or to access the claimant website you ought to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim forms
You can likewise file 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 declares
Most workers operating in Ontario are covered by the ESA. However, job some workers are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may use to them.
A claim might be made when you think your company has broken your rights under the ESA.
Examples of ESA infractions include:
– Failure to pay a worker the proper rate of pay and/or public vacation pay, vacation pay or other salaries they are entitled to under the ESA.
– Not supplying an employee with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.
– Not supplying a staff member with wage declarations or other required files.
For more information, visit 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 workplaces. The guidelines under the ESA are minimum requirements. You may have higher rights under:
– a work contract
– collective agreement
– the common law
– other legislation
If you have concerns about your entitlements, you may want to call an attorney.
Time frame for submitting an ESA claim
There are time frame that apply to submitting an ESA claim. Generally, you need to sue within two years of the supposed ESA infraction. If you file a claim within the two-year limit a work standards officer will investigate the claim.
Similarly, if your company owes you earnings, the earnings should have been owed to you in the two years before your claim was applied for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you believe your employer or a recruiter has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign temporary employee program. For example, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.
Examples of EPFNA violations consist of:
– a recruiter charging you any charges
– a company charging you for employing costs (with minimal exceptions).
– a recruiter or employer holding onto your home (such as a passport).
– an employer or company penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For example, job if you are not being paid all earnings owed, you may have the ability to submit a claim under the ESA.
Time frame for filing an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment requirements officer can usually provide an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) provides particular office securities to kid entertainers who are under 18 years of age working in the live and documented show business.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
– kid entertainers.
– their moms and dads.
– their guardians.
– employers.
Sections are enforced 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 file a PCPA claim if you think workplace defenses have actually not been supplied to a child 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 job guardian of a child entertainer under 18 years of age.
The kid performer need to not be covered by a cumulative arrangement.
To file a claim:
Download the claim kind from the types repository and save it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the needed details.
3. Select the « send by email » button within the type to send your claim.
Please just submit your claim as soon as.
After you sue:
– You will receive an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim need to be submitted within 2 years of the supposed PCPA infraction.
When a claim can not be filed
Generally, a claim can not be submitted if:
– you have taken court action against 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 need to withdraw your sent claim within 2 weeks after it is filed.
This claim type is not intended for you if:
– you in a market that falls under federal jurisdiction.
– you desire to file a problem about occupational health and safety.
– you desire to submit a human rights problem under the Human Rights Code.
– you wish 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 received. The amount of time it considers a claim to be appointed differs, depending upon several elements, consisting of the quantity of incoming claims. Anyone who sends an employment standards declare receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has been appointed for examination.
The claims examination process can take numerous months. In a lot of cases, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the examination, offers a composed decision and takes enforcement action if essential.
To prevent hold-ups with processing your claim, please ensure all details is correct and supporting documents are submitted. If you are submitting a problem, you must sign up for the claimant website so you can log in to see where your problem is in the process.