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In Ontario, you might submit 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 find out how they can assist you get training, develop abilities or discover a brand-new task.
Suing
You can sue online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can likewise file a claim online for concerns associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when submitting an employment requirements claim
If you have actually already started a claim
If you have actually currently begun or sued through the claimant website, you can:
- indication 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 signed up for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account using the very same e-mail address that was used when you registered in the claimant portal. If you do not use the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require assistance, please get in touch with the Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal functions, including how to sign-up and use the portal.
Internet internet browser requirements
To file a claim online utilizing e-claim or to access the claimant website you should use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, but they are not supported by the e-claim or claimant portal.
PDF claim types
You can likewise submit 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, 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 operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and employment 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 believe your employer has violated your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a staff member the proper rate of pay and/or public vacation pay, holiday pay or other earnings 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 an employee for taking such a leave.
- Not supplying a staff member with wage statements or other needed files.
For more details, 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 rules under the ESA are minimum requirements. You may have greater rights under:
- an employment agreement
- cumulative arrangement
- the typical law
- other legislation
If you have concerns about your privileges, you might wish to call a legal representative.
Time limits for submitting an ESA claim
There are time limits that apply to filing an ESA claim. Generally, you should sue within 2 years of the supposed ESA violation. If you sue within the two-year limitation an employment requirements officer will investigate the claim.
Similarly, if your company owes you incomes, the earnings need to have been owed to you in the two years before your claim was applied for the earnings 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 breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign momentary worker program. For instance, if you are working or searching for work 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 include:
- a recruiter charging you any charges
- a company charging you for employing expenses (with limited exceptions).
- an employer or company holding onto your property (such as a passport).
- an employer or company punishing 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 earnings owed, you might be able to submit a claim under the ESA.
Time frame for filing an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment standards officer can usually 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) provides particular work environment protections to kid performers who are under 18 years of age working in the live and taped show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenditures.
The PCPA uses to:
- kid entertainers.
- their parents.
- their guardians.
- employers.
Sections are implemented by the Health and wellness Program or the Employment Standards Program.
Find out more about the rights of child performers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you think workplace protections have not been provided to a kid entertainer in Ontario. Suing is complimentary.
To file a claim, you must be either:
- a kid entertainer under 18 years of age.
- the moms and dad or guardian of a kid entertainer under 18 years of age.
The kid performer should not be covered by a cumulative contract.
To sue:
Download the claim form from the types repository and conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the required information.
3. Select the “submit by email” button within the type to submit your claim.
Please only submit your claim when.
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 investigate your claim as quickly as possible.
Time restricts to filing 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 against your company 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 need to withdraw your sent claim within two 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 desire to submit a grievance about occupational health and wellness.
- you want to file a human rights complaint under the Human Rights Code.
- you desire to sue with the Workplace Safety and employment 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 assigned varies, depending on several factors, consisting of the amount of inbound claims. Anyone who sends an employment standards claim receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been designated for investigation.
The claims examination process can take several months. In most cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if required.
To prevent delays with processing your claim, please guarantee all details is appropriate and supporting files are filed. If you are sending a problem, you should sign up for the claimant portal so you can log in to see where your complaint is in the process.
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