Filing A Claim
In Ontario, you might file a claim with the Ministry of Labour, employment 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've lost your job, please check out Employment Ontario to discover how they can assist you get training, construct abilities or find a brand-new job.
Filing a claim
You can sue online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also submit a claim online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to anticipate when filing a work standards claim
If you have currently started a claim
If you have already begun or employment filed a claim through the claimant website, you can:
- indication 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/ develop account button and produce a My Ontario account utilizing the exact same e-mail address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not have the ability to see any of your previously sent claims. If you require help, 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 website.
Internet web browser requirements
To sue online utilizing e-claim or to access the claimant portal you ought to utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim kinds
You can likewise 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, 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 workers who are covered by the ESA have unique rules and/or employment exemptions that may apply to them.
A claim might be made when you think your employer has breached your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the appropriate rate of pay and/or public holiday pay, holiday pay or other salaries they are entitled to under the ESA.
- Not providing a worker with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.
- Not providing an employee with wage declarations or other required documents.
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 work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- collective agreement
- the typical law
- other legislation
If you have questions about your privileges, you may wish to get in touch with a legal representative.
Time limits for submitting an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you must file a claim within 2 years of the supposed ESA infraction. If you submit a claim within the two-year limitation an employment standards officer will examine the claim.
Similarly, if your company owes you incomes, the salaries should have been owed to you in the 2 years before your claim was filed 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 breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary staff member program. For instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, employment or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA infractions include:
- a recruiter charging you any costs
- an employer charging you for employing costs (with minimal exceptions).
- a recruiter or company holding onto your home (such as a passport).
- an employer or company penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you may be able to sue under the ESA.
Time frame for submitting an EPFNA claim
Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can generally release an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) supplies certain workplace defenses to kid entertainers who are under 18 years of age working in the live and taped entertainment markets.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA uses 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 kid entertainers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace defenses have actually not been provided to a kid performer in Ontario. Suing is totally free.
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 performer under 18 years of age.
The child performer should not be covered by a cumulative arrangement.
To sue:
Download the claim form from the forms repository and conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill out the type with all the required info.
3. Select the "submit by email" 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 rapidly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim must be filed within two years of the alleged PCPA violation.
When a claim can not be filed
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 sent claim within two weeks after it is submitted.
This claim form is not planned for you if:
- you operate in an industry that falls under federal jurisdiction.
- you desire to submit a problem about occupational health and employment wellness.
- you desire to file a human rights problem under the Human Rights Code.
- you want to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim
Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be differs, depending on a number of elements, including the amount of inbound claims. Anyone who submits a work requirements declare receives a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.
The claims examination procedure can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the examination, offers a written choice and takes enforcement action if essential.
To avoid delays with processing your claim, please guarantee all information is proper and supporting files are filed. If you are sending a complaint, employment you must sign up for the claimant website so you can visit to see where your problem remains in the procedure.
