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In Ontario, job you may submit a claim with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for job Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.
If you've lost your task, please visit Employment Ontario to discover how they can help you get training, develop skills or job find a new job.
Filing a claim
You can file a claim online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to expect when filing a work declare
If you have currently started a claim
If you have actually currently started 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 registered for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need assistance, please contact the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and utilize the portal.
Internet web browser requirements
To sue online utilizing e-claim or to access the claimant portal you must utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, however they are not supported by the e-claim or claimant portal.
PDF claim kinds
You can likewise submit an ESA or EPFNA claim using 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 declares
Most staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might use to them.
A claim may be made when you think your employer has actually breached your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the right rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.
- Not supplying a staff member with time off for an entitled leave of absence under the ESA or penalizing a staff member for taking such a leave.
- Not supplying a staff member with wage declarations or other needed documents.
For more details, 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 may have higher rights under:
- an employment agreement
- collective arrangement
- the typical law
- other legislation
If you have questions about your entitlements, you might wish to call an attorney.
Time frame for filing an ESA claim
There are time limits that use to submitting an ESA claim. Generally, you must submit a claim within 2 years of the alleged ESA violation. If you sue within the two-year limit a work requirements officer will investigate the claim.
Similarly, if your company owes you wages, the earnings need to have been owed to you in the two years before your claim was submitted for the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you believe your company or a recruiter has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary worker program. For example, if you are working or job searching for work 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 violations consist of:
- a recruiter charging you any costs
- a company charging you for job hiring costs (with minimal exceptions).
- an employer or employer holding onto your home (such as a passport).
- an employer or employer punishing you for inquiring about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may have the ability to submit a claim under the ESA.
Time frame for submitting an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment requirements officer can usually release an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) provides specific office defenses to child performers who are under 18 years of age working in the live and job recorded entertainment markets.
It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA applies to:
- child performers.
- their parents.
- their guardians.
- employers.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Discover more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you think workplace defenses have actually not been provided to a child entertainer in Ontario. Filing a claim is totally free.
To submit a claim, you need to be either:
- a child entertainer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a cumulative agreement.
To sue:
Download the claim form from the kinds repository and job conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Complete the type with all the required details.
3. Select the "submit by e-mail" button within the type to send your claim.
Please just submit your claim once.
After you file a claim:
- You will get an email verification 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 need to be submitted within 2 years of the supposed PCPA offense.
When a claim can not be filed
Generally, a claim can not be filed if:
- you have taken court action versus your company for the very same issue.Note: If you submit 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 submitted claim within 2 weeks after it is submitted.
This claim kind is not meant for you if:
- you work in a market that falls under federal jurisdiction.
- you want to file a problem 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 file a claim
Claims are examined in the order that they are received. The quantity of time it considers a claim to be appointed varies, depending on several elements, consisting of the amount of inbound claims. Anyone who submits a work requirements claim gets a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.
The claims examination process can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO completes the investigation, provides a written decision and takes enforcement action if needed.
To prevent delays with processing your claim, please guarantee all details is correct and supporting files are filed. If you are submitting a complaint, you ought to register for the claimant website so you can log in to see where your complaint is in the process.
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