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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 broken.

If you have actually lost your task, please see Employment Ontario to find out how they can assist you get training, construct skills or find a brand-new task.

Filing a claim

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 likewise submit 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 an employment standards declare

If you have already started a claim

If you have already started or sued through the claimant website, 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 previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ create account button and employment develop a My Ontario account utilizing the same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant website you need to use:

- Chrome

- Firefox

- Microsoft Edge

- Safari

Other web browsers might work, but they are not supported by the e-claim or claimant portal.

PDF claim kinds

You can also 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 staff members who are covered by the ESA have unique rules and/or exemptions that may apply to them.

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

Examples of ESA infractions consist of:

- Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other salaries they are entitled to under the ESA.

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

- Not supplying a worker with wage statements or other required files.

For more details, visit 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 may have higher rights under:

- a work agreement

- collective arrangement

- the common law

- other legislation

If you have concerns about your privileges, you might want to call an attorney.

Time frame for submitting an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you need to file a claim within two years of the supposed ESA offense. If you sue within the two-year limit a work standards officer will examine the claim.

Similarly, if your company owes you wages, the wages must have been owed to you in the two years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your company or a recruiter has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary staff member program. For example, if you are working or trying to find work 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 infractions include:

- an employer charging you any charges

- an employer charging you for hiring expenses (with minimal exceptions).

- an employer or employment company holding onto your residential or commercial property (such as a passport).

- an employer or company punishing 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 incomes owed, you may have the ability to sue under the ESA.

Time limitations for submitting 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 requirements officer can generally provide an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies specific office protections to kid entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

- kid performers.

- their parents.

- their guardians.

- companies.

Sections are implemented 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 file a PCPA claim if you think workplace protections have not been offered to a child performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

- a kid performer under 18 years of age.

- the moms and dad or guardian of a kid entertainer under 18 years of age.

The child entertainer should not be covered by a cumulative contract.

To sue:

Download the claim kind from the kinds repository and wait to your computer system.

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

2. Complete the type with all the required details.

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

Please only submit your claim once.

After you file a claim:

- You will get an email 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 filing a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed 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 decide to pursue your rights through the courts, you must withdraw your submitted claim within two weeks after it is submitted.

This claim kind is not planned for you if:

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

- you want to file a problem about occupational health and security.

- you desire to file a human rights complaint under the Human Rights Code.

- you desire to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending on several factors, including the quantity of inbound claims. Anyone who sends an employment requirements declare gets a verification and is assigned a claim number. You will be contacted by the ministry once the claim has actually been appointed for investigation.

The claims examination process can take several months. For the most part, employment a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the investigation, supplies a written choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please ensure all info is right and supporting documents are submitted. If you are sending a grievance, you need to register for the claimant portal so you can log in to see where your grievance remains in the process.