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 employment Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.

If you have actually lost your job, please check out Employment Ontario to discover how they can help you get training, build skills or discover a brand-new job.

Suing

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

Sue

You can likewise file a claim online for concerns 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 a work standards declare

If you have actually currently begun a claim

If you have actually currently started or sued through the claimant website, you can:

- check in to continue your claim
- examine the status of your claim
- upload files to your claim.
Creating a My Ontario account

If you have formerly registered for the claimant portal using a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the same email address that was used when you registered in the claimant website. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

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

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers may work, however they are not supported by the e-claim or claimant website.

PDF claim forms

You can likewise submit an ESA or EPFNA claim using the PDF claim form.

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 declares

Most staff members working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA violations include:

- Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway pay or other incomes 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 punishing a staff member for taking such a leave.
- Not providing an employee with wage declarations or other required files.
For more information, visit Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. 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 concerns about your privileges, you may wish to get in touch with a legal representative.

Time limitations for submitting an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or a recruiter has broken 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 short-lived staff member program. For example, if you are working or searching for operate 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 offenses consist of:

- an employer charging you any charges
- a company charging you for employing costs (with restricted exceptions).
- an employer or employer holding onto your home (such as a passport).
- an employer or employer penalizing you for asking 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 filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can typically issue 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.

Find out 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 entertainers who are under 18 years of age working in the live and taped entertainment markets.

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

The PCPA applies to:

- kid entertainers.
- their parents.
- their guardians.
- employers.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have not been provided to a child performer in Ontario. Suing is complimentary.

To submit a claim, you need to be either:

- a kid performer under 18 years of age.
- the moms and dad or guardian of a child performer under 18 years of age.
The kid entertainer need to not be covered by a collective arrangement.

To file a claim:

Download the claim kind from the types 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 required details.
3. Select the "submit by email" button within the form to submit your claim.
Please just file your claim once.

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 personnel will examine your claim as rapidly as possible.
Time limits to submitting a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA .

When a claim can not be filed

Generally, a claim can not be filed if:

- you have actually taken court action versus your employer for the very same issue.Note: If you file a claim 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 2 weeks after it is submitted.


This claim form is not planned for you if:

- you operate in a market that falls under federal jurisdiction.
- you want to file a complaint about occupational health and wellness.
- you want to file a human rights complaint 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 examined in the order that they are gotten. The amount of time it considers a claim to be appointed differs, depending upon several elements, including the amount of incoming claims. Anyone who sends a work standards declare receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.

The claims investigation process can take several months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the investigation, supplies a written decision and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please guarantee all info is correct and supporting files are submitted. If you are sending a complaint, you should register for the claimant website so you can log in to see where your complaint remains in the procedure.