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In Ontario, you might sue with the Ministry of Labour, Immigration, job 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, develop abilities or find a new job.

Suing

You can sue online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise sue online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have currently begun a claim

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

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

If you have actually formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the very same email address that was used when you enrolled in the claimant website. If you do not use the same email address, you will not be able to see any of your formerly sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

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

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers may work, however 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 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 claims

Most workers 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 guidelines and/or exemptions that might apply to them.

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

Examples of ESA violations consist of:

- Failure to pay a staff member the right rate of pay and/or public vacation pay, pay or other salaries 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 penalizing an employee for taking such a leave.
- Not offering an employee with wage statements or other required documents.
For more details, check out 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 guidelines under the ESA are minimum requirements. You might have higher rights under:

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

Time frame for submitting an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, job you must sue within 2 years of the alleged ESA infraction. If you sue within the two-year limitation a work standards officer will examine the claim.

Similarly, if your company owes you wages, the earnings should have been owed to you in the 2 years before your claim was submitted for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your employer or an employer has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign momentary employee program. For example, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

- an employer charging you any charges
- an employer charging you for employing costs (with minimal exceptions).
- an employer or employer holding onto your property (such as a passport).
- a recruiter or company 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 incomes owed, you might be able to sue under the ESA.

Time frame 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 offense. Similarly, a work standards officer can normally release an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers particular office protections to child performers who are under 18 years of age working in the live and recorded entertainment industries.

It includes minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA applies to:

- kid performers.
- their moms and dads.
- their guardians.
- companies.
Sections are imposed by the Health and job wellness Program or job the Employment Standards Program.

Discover more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been provided to a child performer in Ontario. Filing a claim is totally free.

To submit a claim, you need to be either:

- a child entertainer under 18 years of age.
- the moms and dad or guardian of a kid entertainer under 18 years of age.
The kid entertainer need to not be covered by a collective contract.

To submit a claim:

Download the claim type from the forms repository and save it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the form with all the required info.
3. Select the "submit by e-mail" button within the type to submit your claim.
Please only file your claim once.

After you file a claim:

- You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as quickly as possible.
Time frame to submitting a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

- you have actually taken court action versus your company for the exact same issue.Note: job 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 should withdraw your sent claim within two weeks after it is filed.


This claim kind is not intended for job you if:

- you operate in an industry that falls under federal jurisdiction.
- you want to file a grievance about occupational health and wellness.
- you wish to submit a human rights grievance under the Human Rights Code.
- you desire to submit a claim 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 received. The amount of time it takes for a claim to be appointed varies, depending on numerous elements, consisting of the amount of inbound claims. Anyone who sends an employment standards claim gets a confirmation and is appointed a claim number. You will be contacted by the ministry once the claim has been designated for examination.

The claims investigation procedure can take a number of months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the examination, provides a composed choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please ensure all information is proper and supporting files are submitted. If you are submitting a problem, you must sign up for the claimant website so you can visit to see where your grievance remains in the procedure.