In Ontario, you might sue 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 broken.
If you've lost your task, please check out Employment Ontario to discover how they can assist you get training, construct skills or find a new job.
Suing
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 also sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to understand what to anticipate when filing a work standards claim
If you have already started a claim
If you have actually already started or submitted a claim 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 previously registered for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account utilizing the exact same email address that was used when you registered in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your formerly sent claims. If you require help, please call the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal features, including how to sign-up and utilize the website.
Internet browser requirements
To sue online utilizing e-claim or to access the claimant website you need to use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim types
You can likewise submit an ESA or EPFNA claim using 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 workers operating 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 might apply to them.
A claim may be made when you think your company has actually breached your rights under the ESA.
Examples of ESA offenses include:
- Failure to pay a staff member the proper rate of pay and/or public vacation pay, trip pay or other wages 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 staff member for taking such a leave.
- Not offering an employee with wage statements or other needed documents.
For more information, check out Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.
The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You might have higher rights under:
- a work contract
- cumulative arrangement
- the common law
- other legislation
If you have questions about your entitlements, you may wish to get in touch with an attorney.
Time limitations for filing an ESA claim
There are time frame that use to filing an ESA claim. Generally, you should sue within 2 years of the supposed ESA offense. If you submit a claim within the two-year limit an employment standards officer will investigate the claim.
Similarly, if your employer owes you wages, the salaries must have been owed to you in the two 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 company or a recruiter 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 momentary staff member program. For example, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, wiki.vst.hs-furtwangen.de or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.
Examples of EPFNA violations include:
- a recruiter charging you any charges
- a company charging you for hiring expenses (with restricted exceptions).
- a recruiter or employer holding onto your property (such as a passport).
- an employer or company penalizing you for raovatonline.org asking 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 wages owed, you might be able to submit a claim under the ESA.
Time limits for submitting an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment requirements officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers particular work environment securities to who are under 18 years of age working in the live and taped show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA applies to:
- kid performers.
- their moms and dads.
- their guardians.
- employers.
Sections are implemented by the Health and wellness Program or the Employment Standards Program.
Discover more about the rights of child performers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace securities have not been supplied to a kid performer in Ontario. Suing is free.
To sue, you need to be either:
- a child entertainer under 18 years of age.
- the parent or guardian of a child performer under 18 years of age.
The child performer must not be covered by a cumulative agreement.
To file a claim:
Download the claim form from the types repository and wait to your computer.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the required info.
3. Select the "submit by e-mail" button within the kind to send your claim.
Please just submit your claim when.
After you sue:
- You will get an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time restricts to filing 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 filed
Generally, a claim can not be filed if:
- you have actually taken court action against your company for the same issue.Note: If you sue 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 submitted.
This claim form is not planned for you if:
- you operate in a market that falls under federal jurisdiction.
- you want to submit a problem about occupational health and safety.
- you desire to submit a human rights grievance under the Human Rights Code.
- you desire to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you sue
Claims are examined in the order that they are received. The amount of time it takes for a claim to be designated differs, depending upon numerous aspects, consisting of the quantity of incoming claims. Anyone who sends a work standards claim gets a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.
The claims examination 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 resolved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the investigation, supplies a composed choice and takes enforcement action if required.
To prevent hold-ups with processing your claim, wiki.eqoarevival.com please ensure all information is right and supporting documents are filed. If you are sending a grievance, raovatonline.org you need to sign up for wiki.team-glisto.com the claimant portal so you can visit to see where your complaint is in the procedure.
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Filing A Claim
Alena Gwinn edited this page 5 months ago