Saek Kerkiras

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Filing A Claim

In Ontario, you might submit a claim 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 breached.

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

Filing a claim

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

File a claim

You can also sue online for issues associating with 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 currently begun a claim

If you have already begun or sued through the claimant portal, 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 actually formerly signed up for the claimant website utilizing a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant portal. If you do not use the exact same email address, you will not have the ability to see any of your formerly submitted claims. If you need help, please contact the Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an introduction of the portal functions, employment consisting of how to sign-up and utilize the portal.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers might work, however 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 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 staff members operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that might apply to them.

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

Examples of ESA violations include:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, employment holiday pay or other incomes they are entitled to under the ESA.

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

– Not offering an employee with wage declarations or other needed documents.

To find out more, visit Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

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

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have concerns about your privileges, you might wish to call a lawyer.

Time frame for filing an ESA claim

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

Similarly, if your company owes you wages, the salaries should have been owed to you in the two years before your claim was filed for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived employee program. For instance, if you are working or looking 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 violations include:

– an employer charging you any fees

– a company charging you for employing expenses (with minimal exceptions).

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

– a recruiter or employer punishing you for inquiring 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 be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, employment 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular office securities to kid performers who are under 18 years of age working in the live and documented home entertainment markets.

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

The PCPA uses to:

– kid entertainers.

– their parents.

– their guardians.

– employers.

Sections are implemented 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 file a PCPA claim if you believe workplace defenses have not been offered to a child performer in Ontario. Filing a claim is free.

To sue, 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 must not be covered by a collective contract.

To file a claim:

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

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

2. Fill out the form with all the needed information.

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

Please just file your claim as soon as.

After you sue:

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

Ministry of Labour, employment 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 should be submitted within 2 years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action against 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 need to withdraw your submitted claim within 2 weeks after it is submitted.

This claim type is not planned for you if:

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

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

– you wish to submit a human rights complaint under the Human Rights Code.

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

What to expect after you submit a claim

Claims are investigated in the order that they are received. The amount of time it considers a claim to be designated differs, depending upon numerous aspects, including the amount of incoming claims. Anyone who sends an employment standards declare gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been designated for employment examination.

The claims examination procedure can take several months. In many cases, 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 designated to a work requirements officer (ESO). The ESO completes the investigation, provides a composed choice and takes enforcement action if needed.

To avoid delays with processing your claim, please ensure all info is proper and supporting files are filed. If you are submitting a complaint, you should register for the claimant website so you can log in to see where your grievance remains in the process.