GitLab

In Ontario, you might 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 breached.

If you have actually lost your job, please visit Employment Ontario to discover how they can assist you get training, build abilities or find a brand-new job.

Suing

You can file a claim online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise file a claim online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting a work standards claim

If you have actually already started a claim

If you have actually currently begun or sued through the claimant portal, you can:

- check in to continue your claim
- check the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have formerly registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing the very same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the same email address, you will not have the ability to see any of your formerly sent claims. If you need help, please call 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 use the portal.

Internet web browser requirements

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

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers may work, but they are not supported by the e-claim or claimant website.

PDF claim forms

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 declares

Most workers working 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 special rules and/or exemptions that may apply to them.

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

Examples of ESA offenses include:

- Failure to pay an employee the proper rate of pay and/or public holiday pay, trip pay or other earnings they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.
- Not offering a staff member with wage statements or other needed files.
To learn more, visit Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You may have greater rights under:

- an employment contract
- collective contract
- the common law
- other legislation
If you have concerns about your privileges, you may want to call a lawyer.

Time frame for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the alleged ESA infraction. If you sue within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your employer owes you earnings, the earnings must have been owed to you in the two years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your company or an employer 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 short-lived employee program. For example, 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 violations consist of:

- a recruiter charging you any charges
- an employer charging you for working with expenses (with minimal exceptions).
- an employer or company holding onto your home (such as a passport).
- an employer or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to submit a claim under the ESA.

Time limits for filing 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 provide an order for money 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 specific office defenses to who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

- child performers.
- their moms and dads.
- their guardians.
- companies.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of kid entertainers under the PCPA and yogicentral.science check out the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you must be either:

- a child performer under 18 years of age.
- the parent or guardian of a kid entertainer under 18 years of age.
The kid performer should not be covered by a collective contract.

To submit a claim:

Download the claim type from the kinds repository and wait to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the required info.
3. Select the "send by email" button within the kind to submit your claim.
Please just submit your claim once.

After you sue:

- 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 limits to submitting a PCPA claim

Generally, a PCPA claim need to be submitted within two years of the alleged PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

- you have taken court action against your employer for the exact 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 must withdraw your submitted claim within two weeks after it is submitted.


This claim type is not intended for you if:

- you work in a market that falls under federal jurisdiction.
- you desire to submit a grievance about occupational health and wellness.
- 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 anticipate after you submit a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending upon a number of factors, including the amount of inbound claims. Anyone who submits a work standards claim gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has been designated for examination.

The claims examination process can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if needed.

To prevent delays with processing your claim, please ensure all details is right and supporting documents are filed. If you are submitting a problem, you must register for the claimant portal so you can log in to see where your complaint remains in the procedure.