In Ontario, you might 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 breached.

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

Filing a claim

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

Sue

You can likewise submit a claim online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when submitting a work requirements claim

If you have actually currently started a claim

If you have already begun or filed a claim through the claimant portal, you can:

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

If you have formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account utilizing the very same e-mail address that was utilized when you registered in the claimant portal. If you do not use the same email address, you will not have the ability to see any of your formerly submitted claims. If you require support, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To sue 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 employment claimant website.

PDF claim forms

You can also submit an ESA or EPFNA claim utilizing 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, 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 guidelines and/or exemptions that may apply to them.

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

Examples of ESA violations include:

- Failure to pay a staff member the correct rate of pay and/or public holiday pay, employment vacation pay or other salaries they are entitled to under the ESA.
- Not offering a staff member with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.
- Not offering a staff member with wage declarations or other needed files.
For more details, see Your Guide to the Employment Standards Act or the Guide to unique guidelines 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 greater rights under:

- an employment agreement
- collective contract
- the typical law
- other legislation
If you have questions about your privileges, you might want to call a lawyer.

Time frame for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must sue within two years of the alleged ESA infraction. If you sue within the two-year limit a work requirements officer will investigate the claim.

Similarly, employment if your employer owes you incomes, the incomes need to have been owed to you in the two years before your claim was declared the earnings to be recoverable under the ESA.

Employment Protection for Act claims

A claim might be made when you think your company or a recruiter has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or employment are looking for operate in Ontario through a migration or foreign short-lived worker program. For instance, if you are working or searching for operate 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 violations include:

- an employer charging you any costs
- an employer charging you for working with expenses (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- an employer or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all earnings owed, you might be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies specific work environment securities to child performers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with respect to hours of work, breaks and payment of travel expenditures.

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.

Find out more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have not been offered to a kid performer in Ontario. Filing a claim is complimentary.

To sue, you must 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 kid entertainer must not be covered by a cumulative arrangement.

To sue:

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 complimentary).
2. Complete the kind with all the needed details.
3. Select the "send by e-mail" button within the kind to send your claim.
Please only file your claim once.

After you submit a claim:

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

Generally, a PCPA claim should be filed within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have actually taken court action versus your employer for the same issue.Note: 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 you if:

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

Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be designated varies, depending upon several aspects, including the quantity of inbound claims. Anyone who submits an employment requirements declare gets a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has been designated for examination.

The claims examination process can take numerous months. In many cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the investigation, offers a written decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please make sure all info is right and supporting documents are filed. If you are submitting a problem, you must sign up for the claimant website so you can visit to see where your complaint remains in the procedure.