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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 breached.
If you've lost your job, please visit Employment Ontario to learn how they can help you get training, job develop abilities or discover a new job.
Suing
You can submit a claim online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for concerns relating 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 actually already started a claim
If you have actually already started or sued through the claimant portal, you can:
- sign in to continue your claim
- check the status of your claim
- upload files 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/ produce account button and create a My Ontario account using the exact same e-mail address that was used when you enrolled in the claimant website. If you do not use the exact same email address, you will not be able to see any of your previously submitted claims. If you require help, please get in touch with 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 portal.
Internet browser requirements
To sue online utilizing e-claim or to access the claimant portal you should utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers might work, however they are not supported by the e-claim or claimant portal.
PDF claim kinds
You can likewise 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 workers are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that might use to them.
A claim may be made when you think your employer has actually violated your rights under the ESA.
Examples of ESA infractions consist of:
- Failure to pay a worker the correct rate of pay and/or job public vacation pay, holiday pay or other salaries 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 penalizing a worker for taking such a leave.
- Not offering a staff member with wage statements or other needed documents.
For more details, go to Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.
The ESA is not the only law that uses to Ontario offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:
- an employment agreement
- collective agreement
- the common law
- other legislation
If you have concerns about your entitlements, you might wish to call an attorney.
Time limits for submitting an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you need to sue within 2 years of the supposed ESA violation. If you submit a claim within the two-year limitation an employment standards officer will investigate the claim.
Similarly, if your employer owes you wages, the wages should have been owed to you in the 2 years before your claim was applied for the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you believe your company or an employer has actually broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-lived staff member program. For instance, if you are working or looking for operate 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 offenses include:
- a recruiter charging you any costs
- an employer charging you for hiring expenses (with limited exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- an employer or employer punishing you for job asking 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 may have the ability to submit a claim under the ESA.
Time limitations for filing an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can normally provide 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.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) supplies certain office protections to child performers who are under 18 years of age working in the live and taped home entertainment industries.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
- kid entertainers.
- their moms and dads.
- their guardians.
- companies.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Discover 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 believe workplace defenses have not been supplied to a child entertainer in Ontario. Filing a claim is totally free.
To sue, you should be either:
- a child performer under 18 years of age.
- the moms and dad or guardian of a child performer under 18 years of age.
The child entertainer need to not be covered by a cumulative arrangement.
To submit a claim:
Download the claim kind from the forms repository and save it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Complete the form with all the needed information.
3. Select the "send by e-mail" button within the form to submit your claim.
Please just submit your claim when.
After you submit a claim:
- You will get an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as quickly as possible.
Time limits to a PCPA claim
Generally, a PCPA claim need to be filed within 2 years of the supposed PCPA offense.
When a claim can not be filed
Generally, a claim can not be submitted if:
- you have actually taken court action against your company for the very 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 submitted.
This claim type is not meant for you if:
- you work in an industry that falls under federal jurisdiction.
- you wish to submit a grievance about occupational health and safety.
- you want to file a human rights grievance under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim
Claims are investigated in the order that they are received. The quantity of time it takes for a claim to be appointed differs, depending on a number of elements, including the quantity of inbound claims. Anyone who submits a work standards claim gets a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.
The claims investigation procedure can take numerous months. In a lot of cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO completes the examination, provides a composed choice and takes enforcement action if required.
To prevent hold-ups with processing your claim, please guarantee all information is right and supporting files are submitted. If you are sending a complaint, you must register for the claimant website so you can visit to see where your complaint is in the process.
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