Filing A Claim
In Ontario, you may 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 violated.
If you have actually lost your task, please visit Employment Ontario to discover how they can help you get training, construct skills or find a new job.
Filing a claim
You can sue online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for issues connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when submitting a work standards claim
If you have currently begun a claim
If you have actually currently started or sued through the claimant portal, you can:
– check in to continue your claim
– examine 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 using a ONe-Key account, please select the sign-in/ produce account button and job produce a My Ontario account utilizing the same e-mail address that was used when you registered in the claimant website. If you do not use the very same email address, you will not be able to see any of your previously submitted claims. If you need help, please get in touch with the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for a summary of the portal functions, including how to sign-up and utilize the portal.
Internet internet browser requirements
To file a claim online using e-claim or to access the claimant website you need to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers might work, but they are not supported by the e-claim or claimant portal.
PDF claim forms
You can also submit an ESA or EPFNA claim using the PDF claim kind.
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 unique rules and/or exemptions that may apply to them.
A claim might be made when you think your company has actually violated your rights under the ESA.
Examples of ESA violations include:
– Failure to pay a staff member the correct rate of pay and/or public vacation pay, holiday pay or other earnings they are entitled to under the ESA.
– Not offering a worker with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.
– Not supplying an employee with wage declarations or other required files.
For more info, go to 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 rules under the ESA are minimum requirements. You may have higher rights under:
– an employment contract
– collective contract
– the typical law
– other legislation
If you have questions about your entitlements, job you may wish to call a lawyer.
Time limits for submitting an ESA claim
There are time frame that apply to filing an ESA claim. Generally, you must submit a claim within 2 years of the supposed ESA violation. If you sue within the two-year limitation a work requirements officer will investigate the claim.
Similarly, if your company owes you wages, the wages must have been owed to you in the 2 years before your claim was applied for job the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you think your employer or an employer has actually violated your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-term worker 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 consist of:
– an employer charging you any costs
– a company charging you for employing costs (with restricted exceptions).
– an employer or company holding onto your residential or commercial property (such as a passport).
– an employer or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all salaries owed, you may have the ability to file a claim under the ESA.
Time frame for submitting 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, a work standards officer can generally release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) offers specific work environment defenses to child performers who are under 18 years of age working in the live and recorded entertainment industries.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
– kid performers.
– their parents.
– their guardians.
– employers.
Sections are enforced by the Health and wellness Program or the Employment Standards Program.
Find out 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 protections have not been supplied to a child performer in Ontario. Filing a claim is totally free.
To file a claim, you should be either:
– a kid entertainer under 18 years of age.
– the moms and dad or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a collective contract.
To file a claim:
Download the claim kind from the types 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 email“ button within the kind to submit your claim.
Please only submit your claim once.
After you sue:
– You will receive an email confirmation that includes your claim number.
Ministry of Labour, Immigration, and Skills Development personnel will examine your claim as rapidly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim must be filed within 2 years of the supposed PCPA infraction.
When a claim can not be submitted
Generally, a claim can not be submitted if:
– you have actually taken court action against your employer for the exact same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is filed.
This claim kind 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 safety.
– you wish to submit a human rights complaint under the Human Rights Code.
– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you sue
Claims are examined in the order that they are received. The quantity of time it takes for a claim to be assigned differs, depending on a number of aspects, consisting of the quantity of incoming claims. Anyone who sends an employment requirements claim receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has been appointed for investigation.
The claims investigation process can take a number of months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the examination, supplies a composed choice and takes enforcement action if necessary.
To prevent delays with processing your claim, please guarantee all details is proper and supporting files are filed. If you are sending a grievance, you must register for the claimant portal so you can log in to see where your grievance remains in the process.