Filing A Claim
In Ontario, you might submit a claim 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 broken.
If you have actually lost your job, please visit Employment Ontario to find out how they can assist you get training, construct abilities or find a new task.
Filing a claim
You can submit a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise submit a claim 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 an employment standards declare
If you have actually currently begun a claim
If you have actually currently begun or sued through the claimant website, you can:
– sign in to continue your claim
– check the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have actually formerly registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account utilizing the very same email address that was utilized when you registered in the claimant website. If you do not utilize the very same email address, you will not have the ability to see any of your formerly submitted claims. If you need help, please contact the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and use the website.
Internet browser requirements
To submit a claim online utilizing e-claim or employment to access the claimant website you should utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might 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 kind.
Submit your claim by:
– fax to 1-888-252-4684 or
mail to:
Provincial Claims Centre
Ministry of Labour, employment 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 operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may apply to them.
A claim may be made when you believe your employer has actually violated your rights under the ESA.
Examples of ESA violations consist of:
– Failure to pay an employee the right rate of pay and/or public vacation pay, holiday pay or other incomes they are entitled to under the ESA.
– Not supplying a worker with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.
– Not supplying a worker with wage statements or other needed documents.
For additional information, visit Your Guide to the Employment Standards Act or the Guide to unique 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:
– a work contract
– cumulative agreement
– the common law
– other legislation
If you have concerns about your privileges, you may want to call a lawyer.
Time frame for filing an ESA claim
There are time limits that apply to submitting an ESA claim. Generally, you should sue within two years of the alleged ESA violation. If you sue within the two-year limitation an employment requirements officer will investigate the claim.
Similarly, if your company owes you earnings, the salaries should have been owed to you in the 2 years before your claim was filed 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 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 trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or employment the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA violations include:
– a recruiter charging you any charges
– an employer charging you for hiring expenses (with restricted exceptions).
– an employer or employer holding onto your home (such as a passport).
– an employer or employer penalizing you for inquiring 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 earnings owed, you might be able to file a claim under the ESA.
Time frame for filing an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, employment a work requirements officer can normally provide an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Act claims
The Protecting Child Performers Act (PCPA) offers specific work environment defenses to child performers who are under 18 years of age working in the live and documented entertainment industries.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
– kid entertainers.
– their moms and dads.
– their guardians.
– companies.
Sections are imposed 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 protections have actually not been supplied to a kid performer in Ontario. Filing a claim is complimentary.
To sue, you should 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 cumulative contract.
To sue:
Download the claim kind from the kinds repository and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader for free).
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 receive an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time limits to submitting a PCPA claim
Generally, employment a PCPA claim should be submitted within 2 years of the alleged PCPA infraction.
When a claim can not be filed
Generally, a claim can not be filed if:
– you have taken court action against your company for the very same issue.Note: If you file 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 sent claim within two weeks after it is filed.
This claim kind is not meant for you if:
– you operate in an industry that falls under federal jurisdiction.
– you desire to file a grievance about occupational health and safety.
– you want to submit a human rights complaint under the Human Rights Code.
– you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you file a claim
Claims are investigated in the order that they are received. The amount of time it considers a claim to be appointed varies, depending upon a number of elements, including the quantity of inbound claims. Anyone who sends a work standards declare receives a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been assigned for examination.
The claims investigation process can take several months. In many cases, employment a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if essential.
To prevent hold-ups with processing your claim, please ensure all details is correct and supporting documents are filed. If you are submitting a grievance, you ought to sign up for the claimant website so you can visit to see where your problem remains in the process.