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Founded Date 05/06/1911
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Filing A Claim
In Ontario, you may sue 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’ve lost your task, employment please check out Employment Ontario to find out how they can assist you get training, build skills or find a brand-new task.
Filing a claim
You can file a claim online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Act (EPFNA).
File a claim
You can likewise submit a claim online for problems relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when submitting a work standards declare
If you have already started a claim
If you have actually currently started or sued through the claimant portal, you can:
– sign in to continue your claim
– inspect 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/ develop account button and create a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant portal. If you do not use the same email address, employment you will not be able to see any of your formerly sent 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 features, consisting of how to sign-up and use the portal.
Internet internet browser requirements
To sue online utilizing e-claim or to access the claimant website you need to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers might work, however they are not supported by the e-claim or claimant portal.
PDF claim kinds
You can also submit an ESA or EPFNA claim utilizing 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 claims
Most employees working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that may apply to them.
A claim may be made when you believe your employer has actually broken your rights under the ESA.
Examples of ESA infractions consist of:
– Failure to pay a staff member the right rate of pay and/or employment public holiday pay, getaway pay or other earnings they are entitled to under the ESA.
– Not providing a worker with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.
– Not providing an employee with wage declarations or other required files.
For more details, go to Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.
The ESA is not the only law that applies to Ontario work environments. The rules 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 concerns about your privileges, you may want to contact a legal representative.
Time limits for filing an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you must submit a claim within 2 years of the alleged ESA violation. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your company owes you salaries, the earnings need to have been owed to you in the 2 years before your claim was applied for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you think your employer or an employer has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-lived worker program. For instance, 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 use to you.
Examples of EPFNA infractions include:
– a recruiter charging you any costs
– a company charging you for employing expenses (with limited exceptions).
– an employer or company holding onto your home (such as a passport).
– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all earnings owed, you might be able to sue under the ESA.
Time frame for submitting an EPFNA claim
Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements officer can typically release an order for employment money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) provides specific workplace defenses to kid entertainers who are under 18 years of age working in the live and recorded entertainment markets.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
– kid entertainers.
– their moms and dads.
– their guardians.
– companies.
Sections are enforced by the Health and wellness 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 offered to a kid entertainer in Ontario. Suing is complimentary.
To sue, you need to be either:
– a kid performer under 18 years of age.
– the moms and dad or guardian of a kid entertainer under 18 years of age.
The child performer need to not be covered by a collective arrangement.
To submit a claim:
Download the claim form from the types repository and save it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader for complimentary).
2. Fill out the kind with all the required information.
3. Select the “submit by email” button within the type to send your claim.
Please only submit your claim as soon as.
After you sue:
– You will receive an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim must be submitted within two years of the supposed PCPA offense.
When a claim can not be submitted
Generally, employment a claim can not be filed if:
– you have actually taken court action versus your employer for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your submitted claim within 2 weeks after it is submitted.
This claim form is not intended for you if:
– you operate in a market that falls under federal jurisdiction.
– you desire to submit a complaint about occupational health and safety.
– you wish to submit a human rights grievance under the Human Rights Code.
– you wish to sue 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 received. The quantity of time it considers a claim to be designated varies, depending upon a number of factors, including the amount of inbound claims. Anyone who sends an employment standards declare gets a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.
The claims investigation process can take numerous months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the examination, offers a composed decision and takes enforcement action if necessary.
To prevent delays with processing your claim, please guarantee all info is appropriate and supporting documents are filed. If you are sending a complaint, you need to register for the claimant website so you can log in to see where your grievance is in the procedure.