Filing A Claim

In Ontario, you might file a claim with the Ministry of Labour, Immigration, referall.us 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 breached.

If you’ve lost your task, please check out Employment Ontario to discover how they can assist you get training, develop abilities or discover a brand-new task.

Suing

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

Sue

You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand somalibidders.com what to anticipate when filing an employment standards claim

If you have already begun a claim

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

– sign in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account using the exact same email address that was utilized when you registered in the claimant portal. If you do not utilize the very same e-mail address, you will not be able to see any of your previously sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ create account

Watch the video for a summary of the portal functions, including how to sign-up and utilize the portal.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may work, however they are not supported by the e-claim or claimant website.

PDF claim types

You can also file 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, adremcareers.com Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most employees operating in Ontario are covered by the ESA. However, some workers 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 might be made when you believe your employer has broken your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a staff member the proper rate of pay and/or public holiday pay, getaway pay or other incomes 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 worker for taking such a leave.

– Not offering an employee with wage statements or other needed documents.

To learn more, visit 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 offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective arrangement

– the common law

– other legislation

If you have concerns about your entitlements, you may wish to get in touch with a legal representative.

Time frame for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you should submit a claim within two years of the alleged ESA offense. If you submit a claim within the two-year limit an employment requirements officer will investigate the claim.

Similarly, if your employer owes you salaries, the incomes must have been owed to you in the 2 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 an employer has violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration 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, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any fees

– an employer charging you for employing expenses (with minimal exceptions).

– a recruiter or company holding onto your property (such as a passport).

– an employer or employer 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 salaries owed, you might have the ability to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements officer can usually 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific workplace defenses to kid entertainers who are under 18 years of age working in the live and documented show business.

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.

– employers.

Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of kid performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace protections have not been provided to a child entertainer in Ontario. Suing is totally free.

To sue, you need to be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a kid entertainer under 18 years of age.

The child entertainer must not be covered by a cumulative agreement.

To file a claim:

Download the claim form from the types repository and conserve it to your computer.

1. Open the form with Adobe Reader (download Adobe Reader for totally free).

2. Fill out the kind with all the required information.

3. Select the “send by e-mail” button within the form to submit your claim.

Please only submit your claim once.

After you submit a claim:

– You will get 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 frame to submitting a PCPA claim

Generally, a PCPA claim must 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 actually taken court action versus your company for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not meant for you if:

– you operate in an industry that falls under federal jurisdiction.

– you want to submit a problem about occupational health and security.

– you desire to submit a human rights problem under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending on a number of elements, including the amount of inbound claims. Anyone who sends a work requirements claim receives a verification and is assigned a claim number. You will be called by the ministry once the claim has been appointed for investigation.

The claims examination procedure can take several months. For the most part, 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 designated to an employment standards officer (ESO). The ESO completes the investigation, supplies a composed choice and takes enforcement action if required.

To prevent hold-ups with processing your claim, please ensure all information is appropriate and supporting documents are submitted. If you are sending a complaint, you must register for the claimant website so you can visit to see where your grievance remains in the procedure.