Filing A Claim

In Ontario, you may 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 breached.

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

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 submit a claim online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to anticipate when filing an employment standards claim

If you have actually currently begun a claim

If you have already started or submitted a claim through the claimant portal, you can:

– indication in to continue your claim

– examine 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 using a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the same email address, you will not be able to see any of your previously submitted claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet internet browser requirements

To sue online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise file 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 declares

Most workers working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or that might apply to them.

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

Examples of ESA offenses include:

– Failure to pay a worker the correct rate of pay and/or public holiday pay, getaway pay or other incomes they are entitled to under the ESA.

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

– Not supplying an employee with wage declarations or other required documents.

To learn more, check out 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 offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative contract

– the common law

– other legislation

If you have questions about your entitlements, you may want to call an attorney.

Time limitations for filing an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you should sue within two years of the alleged ESA offense. If you file a claim within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary worker program. For example, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA infractions consist of:

– a recruiter charging you any costs

– a company charging you for hiring expenses (with restricted exceptions).

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

– a recruiter or company penalizing 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 file a claim under the ESA.

Time limits for submitting an EPFNA claim

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

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular office protections to child performers who are under 18 years of age working in the live and recorded entertainment industries.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of kid performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have actually not been supplied to a child performer in Ontario. Suing is complimentary.

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 entertainer must not be covered by a cumulative agreement.

To sue:

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

1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).

2. Complete the form with all the needed details.

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

Please just file your claim once.

After you file a claim:

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

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

Time frame to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your company for the exact 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 must withdraw your submitted claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

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

– you want to submit a complaint about occupational health and wellness.

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

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

What to expect after you submit a claim

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be designated differs, depending upon several factors, consisting of the amount of inbound claims. Anyone who submits an employment requirements claim receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims investigation procedure can take a number of months. In a lot of cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the investigation, employment provides a composed choice and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please make sure all information is proper and supporting documents are submitted. If you are submitting a problem, you need to sign up for the claimant portal so you can log in to see where your grievance remains in the procedure.