Filing A Claim

In Ontario, you might 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 broken.

If you’ve lost your job, employment please go to Employment Ontario to discover how they can assist you get training, develop abilities or find a brand-new job.

Suing

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

File a claim

You can also sue online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when filing an employment requirements declare

If you have actually currently started a claim

If you have actually already started or submitted a claim through the claimant portal, 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 previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account using the same e-mail address that was utilized when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need 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 use the portal.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant portal you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise submit an ESA or EPFNA claim utilizing 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 workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that might use to them.

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

Examples of ESA violations include:

– Failure to pay a worker the right rate of pay and/or public vacation pay, trip pay or other wages 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 staff member with wage declarations or other needed files.

For additional information, 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 may have higher rights under:

– an employment agreement

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you may want to call a lawyer.

Time limitations for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should sue within two years of the supposed ESA infraction. If you submit a claim within the two-year limit a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or a recruiter has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term employee program. For instance, if you are working or searching for work 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 include:

– an employer charging you any fees

– a company charging you for employing costs (with limited exceptions).

– a recruiter or company holding onto your property (such as a passport).

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

Foreign nationals used in Ontario likewise have rights under the ESA. For example, employment if you are not being paid all incomes owed, you might have the ability to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements officer can normally 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers certain workplace defenses to child entertainers who are under 18 years of age working in the live and documented home entertainment markets.

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

Sections are enforced by the Health and wellness Program or the Employment Standards Program.

Discover more about the rights of kid 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 defenses have actually not been supplied to a kid performer in Ontario. Filing a claim is complimentary.

To submit a claim, you need to be either:

– a kid performer under 18 years of age.

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

The child entertainer need to not be covered by a collective agreement.

To submit a claim:

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

1. Open the form with Adobe Reader (download Adobe Reader totally free).

2. Complete the type with all the required info.

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

Please only file your claim once.

After you sue:

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

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

Time limits to submitting a PCPA claim

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

When a claim can not be submitted

Generally, employment a claim can not be submitted if:

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

This claim kind is not meant for you if:

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

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

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

– you want to file a claim 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 takes for employment a claim to be appointed varies, depending upon numerous elements, consisting of the amount of incoming claims. Anyone who submits an employment standards declare receives a confirmation and is designated 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. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please make sure all information is appropriate and supporting files are submitted. If you are submitting a complaint, you need to register for the claimant website so you can visit to see where your grievance is in the procedure.