In Ontario, you might file 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 broken.
If you've lost your job, please visit Employment Ontario to find out how they can assist you get training, construct skills or discover a new job.
Filing a claim
You can submit a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for problems connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when filing a work requirements claim
If you have already begun a claim
If you have currently started or filed a claim through the claimant portal, you can:
- check in to continue your claim
- check the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have previously signed up for the claimant portal using a ONe-Key account, please select the sign-in/ create account button and develop a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need support, please get in touch with the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and utilize the website.
Internet internet browser requirements
To file a claim online using e-claim or to access the claimant website you need to utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim kinds
You can also file an ESA or EPFNA claim utilizing 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 employees working 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 rules and/or exemptions that may use to them.
A claim may be made when you believe your employer has actually broken your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the appropriate rate of pay and/or public holiday pay, trip pay or other wages they are entitled to under the ESA.
- Not providing 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 an employee with wage statements or other needed documents.
For more information, go to Your Guide to the Employment Standards Act or the Guide to special rules and employment exemptions.
The ESA is not the only law that applies to Ontario offices. The rules under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- cumulative agreement
- the typical law
- other legislation
If you have questions about your privileges, you may wish to get in touch with a lawyer.
Time limits for filing an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you must file a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will investigate the claim.
Similarly, if your employer owes you earnings, the wages need to have been owed to you in the 2 years before your claim was submitted for the salaries 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 looking for work in Ontario through an immigration or foreign temporary worker program. For example, if you are working or looking for work 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 violations consist of:
- an employer charging you any costs
- a company charging you for working with expenses (with limited exceptions).
- an employer or employer holding onto your property (such as a passport).
- a recruiter or employer penalizing you for employment asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may 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 offense. Similarly, a work standards officer can generally provide 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.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) offers certain office securities to child performers who are under 18 years of age working in the live and taped entertainment markets.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
- child performers.
- their moms and dads.
- their guardians.
- companies.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.
Discover more about the rights of child performers under the PCPA and read the Child Performers .
Filing a PCPA claim
You can submit a PCPA claim if you think workplace securities have actually not been supplied to a kid performer in Ontario. Suing is totally free.
To file a claim, you must be either:
- a child performer under 18 years of age.
- the parent or guardian of a child entertainer under 18 years of age.
The kid entertainer should not be covered by a cumulative agreement.
To sue:
Download the claim type from the types repository and wait to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Complete the type with all the required information.
3. Select the "submit by e-mail" button within the form to send your claim.
Please just file your claim as soon as.
After you sue:
- You will get an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim must be filed within two years of the supposed PCPA offense.
When a claim can not be submitted
Generally, a claim can not be submitted if:
- you have taken court action versus your company for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and employment choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is submitted.
This claim type is not meant for you if:
- you work in a market that falls under federal jurisdiction.
- you wish to file a grievance about occupational health and safety.
- you want to file a human rights grievance under the Human Rights Code.
- you desire 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 amount of time it takes for a claim to be designated differs, depending on several aspects, consisting of the amount of incoming claims. Anyone who submits a work standards declare gets a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been designated for investigation.
The claims investigation process can take a number of months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if necessary.
To prevent hold-ups with processing your claim, please guarantee all information is right and supporting files are submitted. If you are submitting a complaint, you ought to sign up for the claimant portal so you can log in to see where your complaint remains in the process.
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Suing
kerriblackwood edited this page 2025-02-10 13:36:47 +01:00