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’ve lost your job, please see Employment Ontario to find out how they can assist you get training, job develop skills or find a brand-new job.

Filing a claim

You can sue online for job any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

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

If you have currently begun a claim

If you have actually already started or sued through the claimant portal, you can:

– check in to continue your claim

– check 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 utilizing a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the exact same email address that was utilized when you registered in the claimant portal. If you do not use the very same email address, job you will not have the ability to see any of your formerly submitted claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file an ESA or EPFNA claim utilizing the PDF claim type.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
of Labour, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

Most workers operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, trip pay or other earnings they are entitled to under the ESA.

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

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

For job additional information, go to 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 work environments. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– collective contract

– the common law

– other legislation

If you have questions about your privileges, you may wish to call a lawyer.

Time limitations for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to sue within two years of the supposed ESA offense. If you submit a claim within the two-year limit an employment requirements officer will investigate the claim.

Similarly, job if your company owes you salaries, the incomes need to have been owed to you in the 2 years before your claim was applied for the salaries 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 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 temporary employee program. For instance, 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 violations include:

– an employer charging you any charges

– a company charging you for working with costs (with restricted exceptions).

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

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

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment requirements officer can typically issue 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 declares

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

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

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Discover more about the rights of kid 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 defenses have actually not been supplied to a child performer in Ontario. Filing a claim is complimentary.

To sue, 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 performer should not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill in the type with all the needed info.

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

Please just submit your claim once.

After you submit a claim:

– You will receive an e-mail confirmation that includes your claim number.

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action against your employer 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 must withdraw your submitted claim within two weeks after it is filed.

This claim type is not intended for you if:

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

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

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

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are received. The quantity of time it considers a claim to be designated varies, depending on several elements, including the amount of incoming claims. Anyone who sends a work requirements declare receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for examination.

The claims examination procedure can take several 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 an employment standards officer (ESO). The ESO completes the investigation, provides a composed choice and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please guarantee all details is appropriate and supporting files are filed. If you are submitting a problem, you need to register for the claimant portal so you can log in to see where your problem is in the procedure.