corneliusphotographyartworks

In Ontario, you may file a claim 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 breached.

If you have actually lost your job, please go to Employment Ontario to discover how they can assist you get training, build abilities or find a 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 sue online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment requirements claim

If you have actually currently begun a claim

If you have actually already begun or filed a claim through the claimant portal, you can:

- check in to continue your claim
- inspect 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 develop a My Ontario account utilizing the same e-mail address that was utilized when you enrolled in the claimant portal. If you do not utilize the very same e-mail address, you will not have the ability to see any of your previously submitted claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, including how to sign-up and use the portal.

Internet internet browser requirements

To file a claim online using e-claim or to access the claimant website you ought to use:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers might work, however they are not supported by the e-claim or claimant portal.

PDF claim types

You can also file an ESA or employment 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 operating 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 unique rules and/or exemptions that may apply to them.

A claim may be made when you believe your employer has actually violated your rights under the ESA.

Examples of ESA infractions include:

- Failure to pay a worker the right rate of pay and/or public holiday pay, holiday pay or other wages they are entitled to under the ESA.
- Not providing a staff member with time off for an entitled leave of absence under the ESA or punishing 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 offices. The rules under the ESA are minimum requirements. You may have greater rights under:

- an employment agreement
- collective contract
- the typical law
- other legislation
If you have concerns about your entitlements, you might want to get in touch with a legal representative.

Time limits for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you should sue within 2 years of the supposed 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 incomes 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 declares

A claim might be made when you think your company or an employer has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or employee program. For example, if you are working or trying to find operate 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:

- an employer charging you any costs
- an employer charging you for working with costs (with restricted exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- an employer or company punishing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, employment if you are not being paid all earnings owed, you may be able to file a claim 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 supposed EPFNA infraction. Similarly, a work standards officer can normally provide 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 claims

The Protecting Child Performers Act (PCPA) provides certain workplace defenses to child performers who are under 18 years of age working in the live and documented entertainment industries.

It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

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

Learn more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace defenses have not been supplied to a child entertainer in Ontario. Filing a claim is free.

To file a claim, you should 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 kid performer should not be covered by a collective agreement.

To sue:

Download the claim type from the kinds repository and conserve it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the form with all the needed info.
3. Select the "send by e-mail" button within the kind to send your claim.
Please just file your claim once.

After you submit a claim:

- You will receive 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 restricts to filing a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be filed if:

- you have actually taken court action versus your employer for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and employment Skills Development and decide to pursue your rights through the courts, you should withdraw your submitted claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

- you operate in a market that falls under federal jurisdiction.
- you want to submit a complaint about occupational health and safety.
- you want to file a human rights problem under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you submit a claim

Claims are investigated in the order that they are received. The amount of time it considers a claim to be designated differs, depending on several elements, including the quantity of inbound claims. Anyone who sends an employment standards claim gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims examination process can take numerous months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please guarantee all details is proper and supporting documents are submitted. If you are sending a grievance, you ought to register for the claimant website so you can log in to see where your grievance is in the procedure.