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 breached.

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

Suing

You can file a claim online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the filing a claim video to understand what to expect when filing an employment standards claim

If you have actually currently begun a claim

If you have currently 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 registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account utilizing the very same email address that was used when you registered in the claimant website. If you do not utilize the very same e-mail address, you will not have the ability to see any of your previously submitted claims. If you require support, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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

Examples of ESA violations include:

– Failure to pay an employee the appropriate rate of pay and/or public holiday pay, getaway pay or other incomes they are entitled to under the ESA.

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

– Not offering a worker with wage declarations or other required documents.

To find out more, check out Your Guide to the Employment Standards Act or the Guide to unique 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

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you may wish to contact an attorney.

Time limits for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you must file a claim within two years of the supposed ESA offense. If you file a claim within the two-year limit an employment standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your employer or an employer has breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign temporary employee program. For instance, 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 include:

– a recruiter charging you any fees

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

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

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

Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all owed, you might be able to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment requirements officer can typically release an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

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

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

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

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 believe workplace securities have actually not been offered to a kid performer in Ontario. Suing is free.

To submit a claim, employment you need to be either:

– a kid entertainer under 18 years of age.

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

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

To submit a claim:

Download the claim type from the kinds repository and save it to your computer.

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

2. Complete the form with all the required information.

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

Please just submit your claim once.

After you file a claim:

– You will get an email verification 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 filing a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually 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 decide to pursue your rights through the courts, you should withdraw your sent claim within two weeks after it is submitted.

This claim form is not intended 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 want to file a human rights complaint under the Human Rights Code.

– you wish 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 gotten. The amount of time it takes for a claim to be designated differs, employment depending on numerous factors, consisting of the quantity of incoming claims. Anyone who submits an employment requirements claim gets a verification and is designated a claim number. You will be contacted by the ministry once the claim has been designated for investigation.

The claims examination procedure can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if necessary.

To avoid delays with processing your claim, please make sure all info is right and supporting documents are filed. If you are sending a problem, you should register for the claimant website so you can log in to see where your complaint is in the procedure.