Filing A Claim

In Ontario, you might sue 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 violated.

If you’ve lost your job, please visit Employment Ontario to discover how they can assist you get training, develop skills or discover a new task.

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 likewise submit a claim online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to expect when filing an employment requirements declare

If you have actually already begun a claim

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

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually formerly registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce 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 same e-mail address, you will not have the ability to see any of your previously sent claims. If you need assistance, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

To sue online using e-claim or to access the claimant portal you ought to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit an ESA or EPFNA claim using the PDF claim type.

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, adremcareers.com Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most workers 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 special rules and/or exemptions that may use to them.

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

Examples of ESA infractions consist of:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway 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 staff member for taking such a leave.

– Not supplying a staff member with wage declarations or other required files.

To find out more, go to Your Guide to the Employment Standards Act or the Guide to unique 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:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your privileges, somalibidders.com you might wish to call a legal representative.

Time limitations for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should submit a claim within two years of the alleged ESA violation. If you sue within the two-year limit an employment standards officer will investigate 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 applied for 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 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 employee program. For instance, if you are working or searching for work in Ontario through the federal Temporary Foreign Worker Program, referall.us or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any fees

– a company charging you for hiring expenses (with minimal exceptions).

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work standards officer can typically release an order for cash 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 certain office defenses to child 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 costs.

The PCPA uses to:

– child entertainers.

– their parents.

– their guardians.

– employers.

Sections are imposed by the Health and Safety 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 file a PCPA claim if you think workplace protections have not been offered to a child entertainer in Ontario. Filing a claim is free.

To file a claim, you need to be either:

– a kid performer under 18 years of age.

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

The child performer need to not be covered by a collective contract.

To submit a claim:

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

1. Open the kind with Adobe Reader (download Adobe Reader totally free).

2. Complete the kind with all the needed info.

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

Please just file your claim when.

After you file a claim:

– You will receive an email verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as rapidly as possible.

Time frame to filing a PCPA claim

Generally, a PCPA claim must 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 actually taken court action versus your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your submitted claim within 2 weeks after it is filed.

This claim kind is not planned for you if:

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

– you wish to file a grievance about occupational health and security.

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

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you file a claim

Claims are investigated in the order that they are gotten. The amount of time it considers a claim to be designated varies, depending upon several factors, consisting of the amount of inbound claims. Anyone who sends a work requirements declare gets a verification and is assigned a claim number. You will be contacted by the ministry once the claim has been designated for investigation.

The claims examination procedure can take several months. In many cases, 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 designated to an employment requirements officer (ESO). The ESO completes the investigation, provides a composed choice and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please guarantee all info is proper and supporting documents are submitted. If you are submitting a complaint, you must sign up for the claimant website so you can visit to see where your complaint remains in the procedure.