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Filing A Claim
In Ontario, you may 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 broken.
If you have actually lost your job, please check out Employment Ontario to discover how they can help you get training, develop skills or discover a brand-new job.
Filing a claim
You can file a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also file a claim online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when filing a work standards declare
If you have actually currently begun a claim
If you have already started or sued through the claimant portal, you can:
– sign 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 formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the same e-mail address that was used when you enrolled in the claimant website. If you do not use the same email address, you will not be able to see any of your formerly sent claims. If you require support, please contact the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an introduction of the portal features, including how to sign-up and use the portal.
Internet web browser requirements
To sue online using e-claim or to access the claimant portal you must use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other may work, however they are not supported by the e-claim or claimant portal.
PDF claim forms
You can likewise file an ESA or EPFNA claim utilizing 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 claims
Most staff members operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that might apply to them.
A claim might be made when you believe your employer has actually violated your rights under the ESA.
Examples of ESA offenses consist of:
– Failure to pay a worker the correct rate of pay and/or public holiday pay, holiday pay or other earnings they are entitled to under the ESA.
– Not offering an employee with time off for an entitled leave of lack under the ESA or employment penalizing an employee for taking such a leave.
– Not supplying a worker with wage statements or employment other needed files.
To find out more, see Your Guide to the Employment Standards Act or the Guide to special 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
– collective arrangement
– the typical law
– other legislation
If you have questions about your privileges, you might wish to call a lawyer.
Time frame for filing an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you should file a claim within two years of the alleged ESA violation. If you submit a claim within the two-year limit a work standards officer will investigate the claim.
Similarly, if your company owes you wages, the earnings should have been owed to you in the 2 years before your claim was filed for the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you believe 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 momentary staff member program. For example, if you are working or searching for employment operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.
Examples of EPFNA offenses consist of:
– an employer charging you any charges
– a company charging you for employing costs (with restricted exceptions).
– a recruiter or employer holding onto your residential or commercial property (such as a passport).
– a recruiter or employer 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 earnings owed, you may be able to file a claim under the ESA.
Time limitations for submitting an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment standards officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) supplies specific workplace defenses to child performers who are under 18 years of age working in the live and recorded show business.
It consists of minimum rights with regard to hours of work, employment breaks and payment of travel expenses.
The PCPA uses to:
– kid performers.
– their parents.
– their guardians.
– employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Learn more about the rights of child performers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace protections have actually not been provided to a child performer in Ontario. Suing is complimentary.
To submit a claim, you should be either:
– a kid performer under 18 years of age.
– the parent or guardian of a child entertainer under 18 years of age.
The kid entertainer need to not be covered by a collective agreement.
To sue:
Download the claim form from the types repository and conserve it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the needed info.
3. Select the “send by email” button within the kind to send your claim.
Please just file your claim once.
After you submit a claim:
– You will get an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and employment Skills Development personnel will examine your claim as quickly as possible.
Time frame to submitting a PCPA claim
Generally, employment a PCPA claim need to be filed within 2 years of the alleged PCPA violation.
When a claim can not be filed
Generally, a claim can not be submitted if:
– you have actually taken court action versus your company for the very same issue.Note: If you submit a claim 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 2 weeks after it is filed.
This claim type is not planned for you if:
– you work in a market that falls under federal jurisdiction.
– you desire to file a problem about occupational health and wellness.
– you wish to file a human rights problem under the Human Rights Code.
– you desire to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you submit a claim
Claims are investigated in the order that they are received. The amount of time it takes for employment a claim to be assigned differs, depending on a number of factors, consisting of the quantity of inbound claims. Anyone who submits an employment standards claim 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 investigation process can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the examination, supplies a written choice and takes enforcement action if required.
To prevent hold-ups with processing your claim, please make sure all info is appropriate and supporting files are filed. If you are sending a problem, you need to register for the claimant website so you can log in to see where your complaint is in the process.