In Ontario, you may file a claim with the Ministry of Labour, 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 have actually lost your job, please visit Employment Ontario to discover how they can help you get training, build abilities or find a brand-new job.
Filing a claim
You can sue online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can likewise sue online for problems associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when submitting an employment requirements claim
If you have already begun a claim
If you have 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 previously signed up for the claimant portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the very same email address that was used 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 submitted claims. If you require support, please contact the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the portal.
Internet web browser requirements
To submit a claim online utilizing e-claim or to access the claimant portal you must use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim types
You can likewise file an ESA or employment 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 staff members working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might use to them.
A claim may be made when you believe your employer has actually breached your rights under the ESA.
Examples of ESA violations include:
- Failure to pay a staff member the appropriate rate of pay and/or public holiday pay, getaway pay or other incomes they are entitled to under the ESA.
- Not providing an employee with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.
- Not supplying an employee with wage declarations or other needed files.
To learn more, check out Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that applies to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- collective arrangement
- the common law
- other legislation
If you have questions about your entitlements, you may wish to call an attorney.
Time frame for employment submitting an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you should sue within 2 years of the supposed ESA offense. If you file a claim within the two-year limitation a work standards officer will examine the claim.
Similarly, if your employer owes you salaries, the salaries should have been owed to you in the two years before your claim was declared the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you think your company or an employer has actually broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-lived worker program. For instance, if you are working or searching for work 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 offenses consist of:
- a recruiter charging you any costs
- an employer charging you for employment employing expenses (with minimal exceptions).
- a recruiter or employer holding onto your residential or commercial property (such as a passport).
- an employer or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all salaries owed, you might 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 supposed 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) offers certain office protections to child 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 costs.
The PCPA applies to:
- child performers.
- their moms and dads.
- their guardians.
- companies.
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 employment read 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 child entertainer in Ontario. Suing is totally free.
To sue, you need to be either:
- a child performer under 18 years of age.
- the moms and dad or guardian of a kid entertainer under 18 years of age.
The kid entertainer must not be covered by a cumulative arrangement.
To sue:
Download the claim type from the forms repository and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the type with all the needed info.
3. Select the "submit by e-mail" button within the type to submit your claim.
Please just file 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 quickly as possible.
Time restricts to filing a PCPA claim
Generally, a PCPA claim need to be submitted within two years of the supposed PCPA offense.
When a claim can not be submitted
Generally, a claim can not be submitted if:
- you have taken court action against your employer for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is filed.
This claim kind is not intended for you if:
- you work in a market that falls under federal jurisdiction.
- you want to file a grievance about occupational health and safety.
- you desire to submit a human rights problem 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 gotten. The amount of time it considers a claim to be designated varies, depending upon several factors, including the quantity of inbound claims. Anyone who submits an employment requirements declare gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for investigation.
The claims investigation process can take a number of months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO completes the investigation, supplies a composed decision and takes enforcement action if needed.
To prevent delays with processing your claim, please guarantee all details is appropriate and supporting files are submitted. If you are sending a problem, you should register for the claimant portal so you can log in to see where your complaint is in the process.
