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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 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 see Employment Ontario to find out how they can assist you get training, develop skills or find a new task.

Suing

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

File a claim

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

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when filing an employment requirements claim

If you have already begun a claim

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

– sign in to continue your claim

– inspect 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 utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account using the very same email address that was used when you enrolled in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your previously submitted claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

To file a claim online utilizing e-claim or to access the claimant portal you ought to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise submit an ESA or EPFNA claim utilizing 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 staff members operating in Ontario are covered by the ESA. However, some workers 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 staff member the correct rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.

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

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

To learn more, go to Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:

– a work agreement

– cumulative arrangement

– the typical law

– other legislation

If you have concerns about your privileges, employment you may want to call a lawyer.

Time limitations for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you should file a claim within two years of the supposed ESA infraction. If you submit a claim within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you earnings, the salaries should have been owed to you in the 2 years before your claim was filed for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or foreign temporary employee 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 use to you.

Examples of EPFNA infractions consist of:

– a recruiter charging you any costs

– a company charging you for employing expenses (with restricted exceptions).

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

– a recruiter or employer penalizing you for employment 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, employment you might have the ability to submit a claim under the ESA.

Time limits for 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, an employment standards officer can normally release 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular 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 regard to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

Sections are enforced by the Health and wellness Program or the Employment Standards Program.

Discover more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace defenses have not been provided to a child entertainer in Ontario. Filing a claim is free.

To sue, you should be either:

– a kid entertainer under 18 years of age.

– the parent or guardian of a child performer under 18 years of age.

The kid entertainer should not be covered by a collective contract.

To submit a claim:

Download the claim kind from the kinds repository and conserve it to your computer.

1. Open the form with Adobe Reader (download Adobe Reader for complimentary).

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

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

Please only submit your claim once.

After you submit a claim:

– You will receive 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 submitting a PCPA claim

Generally, a PCPA claim must be submitted within two years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your employer for the very same issue.Note: employment If you sue 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 filed.

This claim kind is not meant for you if:

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

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

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

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

What to anticipate after you sue

Claims are examined in the order that they are received. The amount of time it considers a claim to be assigned differs, depending on numerous elements, consisting of the quantity of incoming claims. Anyone who submits an employment requirements claim receives a verification and is assigned a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims investigation process can take a number of months. For the most part, employment a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, supplies a composed decision and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please guarantee all info is appropriate 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 problem is in the process.

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