Filing A Claim

In Ontario, you may submit 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 check out Employment Ontario to discover how they can assist you get training, construct skills or find a brand-new job.

Suing

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 problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand job what to anticipate when filing a work standards declare

If you have actually currently started a claim

If you have already started or sued through the claimant website, 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 previously registered for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and create a My Ontario account utilizing the very same e-mail address that was used when you registered 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 help, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

To sue online utilizing e-claim or to access the claimant portal you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers may work, but they are not supported by the e-claim or claimant portal.

PDF claim kinds

You can also 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 claims

Most workers working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that might use to them.

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

Examples of ESA offenses consist of:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, vacation pay or other salaries they are entitled to under the ESA.

– Not supplying an employee with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.

– Not providing a worker with wage statements or other required documents.

To learn more, 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 applies to Ontario workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have questions about your privileges, you may wish to call a legal representative.

Time frame for filing an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you need to sue within two years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work requirements officer will investigate the claim.

Similarly, if your company owes you incomes, the wages 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 may be made when you think your company or a recruiter has violated 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 staff member program. For example, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, job the EPFNA would likely use to you.

Examples of EPFNA violations include:

– an employer charging you any fees

– a company charging you for hiring expenses (with limited exceptions).

– an employer or employer holding onto your property (such as a passport).

– a recruiter or job employer punishing you for inquiring 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 file a claim under the ESA.

Time limitations for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can usually issue 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain workplace protections to kid entertainers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– employers.

Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid entertainers under the PCPA and check out the Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace defenses have not been provided to a kid performer in Ontario. Suing is totally free.

To sue, you should be either:

– a kid entertainer under 18 years of age.

– the moms and dad or guardian of a child performer under 18 years of age.

The child performer should not be covered by a cumulative agreement.

To sue:

Download the claim form from the types repository and wait to your computer system.

1. Open the type with Adobe Reader (download Adobe Reader totally free).

2. Fill in the form with all the required info.

3. Select the “submit by e-mail” button within the form to send your claim.

Please just submit your claim once.

After you sue:

– You will get an e-mail confirmation that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.

Time limits to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action versus your company 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 must withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not intended for job you if:

– you operate in a market that falls under federal jurisdiction.

– you want to submit a complaint about occupational health and wellness.

– you wish to file a human rights problem under the Human Rights Code.

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be appointed differs, depending on a number of factors, including the quantity of inbound claims. Anyone who sends an employment requirements claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has been appointed for job investigation.

The claims examination process can take several months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the examination, job supplies a written choice and job takes enforcement action if necessary.

To prevent delays with processing your claim, please ensure all details is proper and supporting files are submitted. If you are submitting a grievance, you need to register for the claimant portal so you can log in to see where your problem is in the procedure.