Filing A Claim

In Ontario, you might 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 violated.

If you have actually lost your job, please check out Employment Ontario to discover how they can assist you get training, build skills or discover a new job.

Suing

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

Sue

You can also file a claim online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually already started a claim

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

– sign in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the same email address that was used when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not have the ability to see any of your formerly sent claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

To sue online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

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 claims

Most workers working 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 rules and/or exemptions that might use to them.

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

Examples of ESA offenses include:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, trip pay or other salaries they are entitled to under the ESA.

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

– Not offering a staff member with wage statements or other needed files.

For 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 applies to Ontario work environments. The rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you may want to contact a legal representative.

Time frame for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you need to file a claim within two years of the supposed ESA infraction. If you sue within the two-year limitation a work standards officer will examine the claim.

Similarly, if your employer owes you wages, the wages need to have been owed to you in the two years before your claim was declared the incomes 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 actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-lived staff member program. For 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 violations consist of:

– an employer charging you any charges

– a company charging you for hiring costs (with limited exceptions).

– an employer or employer holding onto your property (such as a passport).

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

Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to sue under the ESA.

Time limitations for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, referall.us an employment requirements officer can usually provide an order for money 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) provides certain workplace protections to kid entertainers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– child 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 entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace securities have not been provided to a kid entertainer in Ontario. Filing a claim is free.

To sue, you need to be either:

– a child performer under 18 years of age.

– the parent or somalibidders.com guardian of a kid performer under 18 years of age.

The kid entertainer must not be covered by a collective arrangement.

To sue:

Download the claim form from the forms repository and wait to your computer system.

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

2. Fill in the kind with all the required information.

3. Select the ”submit by email” button within the type to submit your claim.

Please only 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 personnel will examine your claim as rapidly as possible.

Time frame to submitting a PCPA claim

Generally, a PCPA claim should be submitted within 2 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 very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not planned for you if:

– you operate in an industry that falls under federal jurisdiction.

– you desire to submit a problem about occupational health and security.

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

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

What to anticipate after you submit a claim

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be appointed differs, depending upon numerous aspects, including the amount of inbound claims. Anyone who submits an employment requirements claim receives 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 procedure can take several months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the investigation, offers a composed decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please make sure all info is correct and supporting files are submitted. If you are sending a problem, you should sign up for the claimant portal so you can visit to see where your problem is in the process.