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Filing A Claim

In Ontario, you may sue 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 breached.

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

Filing a claim

You can file a claim online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing a work standards declare

If you have already started a claim

If you have already begun or sued through the claimant portal, you can:

– sign in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account using the same email address that was utilized when you enrolled in the claimant website. If you do not utilize the very same email address, you will not be able to see any of your formerly sent claims. If you require support, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

To submit a claim online using e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may 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 type.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, referall.us 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 employees who are covered by the ESA have special rules and/or exemptions that might use to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the correct rate of pay and/or public vacation pay, vacation pay or other incomes they are entitled to under the ESA.

– Not providing an employee with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.

– Not providing a staff member with wage declarations or other needed documents.

To learn more, 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 uses to Ontario offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative arrangement

– the common law

– other legislation

If you have questions about your privileges, you may wish to get in touch with an attorney.

Time frame for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must sue within two years of the supposed ESA violation. If you sue within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your company owes you incomes, the wages must have been owed to you in the two years before your claim was filed 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 employer or a recruiter has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign temporary employee program. For instance, if you are working or trying to find 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 infractions include:

– a recruiter charging you any charges

– a company charging you for working with expenses (with limited exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, you may have the ability to file a claim under the ESA.

Time limits for somalibidders.com filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work standards officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Find out 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 entertainment markets.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA uses to:

– child entertainers.

– their moms and dads.

– their guardians.

– companies.

Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

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

To submit a claim, you should be either:

– a child entertainer under 18 years of age.

– the moms and dad or guardian of a child performer under 18 years of age.

The kid performer need to not be covered by a cumulative agreement.

To sue:

Download the claim form from the types repository and save it to your computer.

1. Open the type with Adobe Reader (download Adobe free).

2. Fill out the type with all the needed info.

3. Select the “submit by email” button within the form to send your claim.

Please only file your claim as soon as.

After you file a claim:

– You will get an e-mail confirmation that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as quickly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be filed 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 against your employer for the 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 two weeks after it is submitted.

This claim kind is not meant for you if:

– you operate in a market that falls under federal jurisdiction.

– you desire to submit a complaint about occupational health and safety.

– you wish to file a human rights grievance under the Human Rights Code.

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

What to anticipate after you sue

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be appointed varies, depending upon several factors, consisting of the quantity of inbound claims. Anyone who sends an employment standards claim gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has been appointed for examination.

The claims examination procedure can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if needed.

To avoid delays with processing your claim, please guarantee all details is appropriate and supporting files are submitted. If you are sending a problem, you need to register for the claimant website so you can visit to see where your complaint is in the process.