Filing A Claim

In Ontario, you might 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 violated.

If you’ve lost your task, please check out Employment Ontario to discover how they can assist you get training, build abilities or discover a new job.

Filing a claim

You can file a claim online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when filing a work standards claim

If you have currently started a claim

If you have already started or submitted a claim through the claimant website, 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 previously signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the website.

Internet web browser requirements

To file a claim online utilizing e-claim or to access the claimant portal you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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
Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the proper rate of pay and/or public holiday pay, holiday pay or job other earnings they are entitled to under the ESA.

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

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

To learn 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 offices. The rules under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have questions about your entitlements, job you might wish to get in touch with a legal representative.

Time frame for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you should sue within 2 years of the alleged ESA violation. If you file a claim within the two-year limit a work requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary employee program. For job example, if you are working or looking for operate 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 offenses consist of:

– an employer charging you any charges

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

– a recruiter or employer holding onto your home (such as a passport).

– a recruiter or company penalizing 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 salaries owed, you may have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

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

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace securities to child performers who are under 18 years of age working in the live and taped entertainment markets.

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

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– employers.

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

Find out more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace protections have not been provided to a kid entertainer in Ontario. Filing a claim is complimentary.

To file a claim, you need to be either:

– a kid performer under 18 years of age.

– the parent or guardian of a child performer under 18 years of age.

The kid performer must not be covered by a cumulative contract.

To sue:

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

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

2. Complete the kind with all the required details.

3. Select the “submit by e-mail” button within the form 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, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.

Time frame to submitting a PCPA claim

Generally, job a PCPA claim must be submitted within 2 years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your company for the 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 desire to submit a problem about occupational health and security.

– you wish to file a human rights problem under the Human Rights Code.

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

What to anticipate 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 varies, depending upon a number of factors, including the amount of inbound claims. Anyone who submits an employment requirements declare gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.

The claims investigation procedure can take several months. For the most part, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if essential.

To prevent delays with processing your claim, please ensure all information is right and supporting documents are submitted. If you are sending a problem, you need to sign up for the claimant website so you can log in to see where your problem remains in the process.