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 breached.

If you have actually lost your task, please visit Employment Ontario to learn 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 referall.us Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to anticipate when submitting a work requirements declare

If you have currently begun a claim

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

– check in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the 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 formerly submitted claims. If you require assistance, 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 utilize the website.

Internet browser requirements

To file a claim online using e-claim or to access the claimant website you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also file 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 workers 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 rules and/or exemptions that may use to them.

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

Examples of ESA violations include:

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

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

– Not offering a staff member with wage statements or other needed files.

For more info, see Your Guide to the Employment Standards Act or the Guide to special guidelines 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 higher rights under:

– an employment agreement

– cumulative contract

– the common law

– other legislation

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

Time limitations for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you should sue within two years of the supposed ESA violation. If you sue within the two-year limitation an employment standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-term worker program. For somalibidders.com instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA violations include:

– an employer charging you any fees

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

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you might have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to 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 release 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific work environment securities to kid performers who are under 18 years of age working in the live and taped home .

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– companies.

Sections are implemented by the Health and Safety Program or the Employment Standards Program.

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

Filing a PCPA claim

You can file a PCPA claim if you think workplace defenses have not been provided to a kid entertainer in Ontario. Suing is complimentary.

To submit a claim, 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 arrangement.

To sue:

Download the claim kind from the types repository and conserve it to your computer.

1. Open the kind with Adobe Reader (download Adobe Reader free of charge).

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

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, Training and Skills Development staff will examine your claim as rapidly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be submitted within two years of the alleged PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your employer for the very 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 two weeks after it is submitted.

This claim kind is not planned for you if:

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

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

– you desire to submit 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 sue

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be appointed differs, depending on a number of factors, consisting of the quantity of incoming claims. Anyone who sends a work requirements claim gets a verification and is designated a claim number. You will be called by the ministry once the claim has been designated for examination.

The claims investigation process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the examination, offers a composed decision and takes enforcement action if required.

To avoid hold-ups with processing your claim, please make sure all details is right and supporting files are filed. If you are submitting a problem, you must sign up for the claimant website so you can log in to see where your complaint is in the process.