1 Suing

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In Ontario, you may file 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 violated.

If you've lost your task, please visit Employment Ontario to find out how they can help you get training, construct abilities or find a brand-new job.

Suing

You can file a claim online for employment any problems connecting 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 problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing a work requirements declare

If you have already begun a claim

If you have actually already started or submitted a claim through the claimant portal, you can:

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

If you have previously registered for the claimant website using a ONe-Key account, please select the sign-in/ develop 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 utilize the same e-mail address, you will not be able to see any of your previously sent claims. If you require support, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal features, consisting of how to sign-up and use the portal.

Internet internet browser requirements

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

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

PDF claim forms

You can likewise file an ESA or EPFNA claim utilizing 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 declares

Most workers working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have unique rules and/or exemptions that might apply to them.

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

Examples of ESA infractions include:

- Failure to pay an employee the proper rate of pay and/or public holiday pay, trip pay or other incomes they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.
- Not offering a worker with wage statements or other needed documents.
For more details, go to 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 guidelines under the ESA are minimum requirements. You might have higher rights under:

- an employment agreement
- cumulative contract
- the typical law
- other legislation
If you have questions about your entitlements, you may want to contact a legal representative.

Time limitations for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you should sue within 2 years of the supposed ESA offense. If you sue within the two-year limitation a work requirements officer will investigate the claim.

Similarly, if your company owes you incomes, 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 declares

A claim may be made when you think your employer or a recruiter has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or employment are seeking work in Ontario through a migration or foreign short-term employee program. For instance, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions include:

- a recruiter charging you any charges
- an employer charging you for hiring expenses (with minimal exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- an employer or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may have the ability to submit a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment requirements officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies specific office protections to kid entertainers who are under 18 years of age working in the live and recorded show business.

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

The PCPA uses to:

- kid entertainers.
- their parents.
- their guardians.
- companies.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Learn more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have actually not been provided to a kid performer in Ontario. Suing is complimentary.

To file a claim, you should be either:

- a kid 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 collective arrangement.

To file a claim:

Download the claim kind from the forms repository and conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the type with all the needed information.
3. Select the "submit by email" button within the form to submit your claim.
Please just file your claim when.

After you submit a claim:

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

Generally, a PCPA claim should be filed within 2 years of the supposed 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 very 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 need to withdraw your sent claim within 2 weeks after it is .


This claim form is not meant for you if:

- you work in an industry that falls under federal jurisdiction.
- you wish to file a grievance about occupational health and wellness.
- you wish to submit a human rights grievance under the Human Rights Code.
- you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you submit a claim

Claims are examined in the order that they are received. The amount of time it considers a claim to be assigned varies, depending on a number of elements, including the amount of incoming claims. Anyone who sends a work requirements declare gets a verification and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take numerous months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please ensure all details is correct and supporting files are filed. If you are sending a complaint, you should sign up for the claimant portal so you can log in to see where your problem remains in the process.