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In Ontario, you may 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 breached.

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

Suing

You can sue online for any issues associating with 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 connecting to the Protecting Child Performers Act (PCPA). (Image: https://rccgsolidrock.org.uk/wp-content/uploads/2023/06/1679052220.png)

File a PCPA claim

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

If you have actually already started a claim

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

- sign in to continue your claim

- inspect the status of your claim

- upload documents to your claim.

Creating a My Ontario account

If you have actually formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ develop account button and create a My Ontario account utilizing the exact same e-mail address that was used when you registered in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your formerly sent claims. If you require assistance, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

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

- Chrome

- Firefox

- Microsoft Edge

- Safari

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

PDF claim types (Image: https://articles.connectnigeria.com/wp-content/uploads/2024/09/Job-Search.jpg)

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, 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 staff members are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

- Failure to pay an employee the correct rate of pay and/or public holiday pay, holiday pay or other wages they are to under the ESA.

- Not supplying a staff member with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.

- Not providing a worker with wage statements or other needed files.

To find out more, 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 rules under the ESA are minimum requirements. You may have higher rights under:

- an employment agreement

- collective arrangement

- the common law

- other legislation

If you have concerns about your entitlements, you might want to call an attorney.

Time limitations for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you should sue within two years of the supposed ESA infraction. If you sue within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your company owes you wages, the incomes should have been owed to you in the 2 years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your company or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term employee 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 include:

- a recruiter charging you any charges

- a company charging you for hiring costs (with minimal exceptions).

- a recruiter or employer holding onto your property (such as a passport).

- an employer or employer penalizing you for inquiring 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 wages owed, you might have the ability to file a claim under the ESA. (Image: https://articles.connectnigeria.com/wp-content/uploads/2021/07/Pointofsale_jobs.jpgÿ)

Time limitations for job submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment standards 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 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 work environment securities to child entertainers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA uses to:

- child entertainers.

- their moms and dads.

- their guardians.

- employers.

Sections are implemented by the Health and wellness Program or the Employment Standards Program.

Find out more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have actually not been offered to a kid performer in Ontario. Suing is complimentary. (Image: https://www.jobberman.com/discover/wp-content/uploads/2016/12/jobs-that-require-no-degree.png)

To submit a claim, you must be either:

- a kid performer under 18 years of age.

- the moms and dad or guardian of a child performer under 18 years of age.

The child entertainer need to not be covered by a collective agreement.

To sue:

Download the claim type from the forms repository and wait to your computer.

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

2. Fill in the kind with all the needed information.

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

Please just file your claim once.

After you submit a claim:

- You will receive an email verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as quickly as possible.

Time frame to filing a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

- you have taken court action versus 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 submitted claim within 2 weeks after it is filed.

This claim form is not meant for you if:

- you operate in a market that falls under federal jurisdiction.

- you wish to submit a complaint about occupational health and safety.

- you wish to file a human rights problem under the Human Rights Code.

- you wish 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 gotten. The amount of time it considers a claim to be assigned differs, depending upon a number of elements, including the amount of inbound claims. Anyone who sends an employment standards claim gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation. external site

The claims examination process can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not solved by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the investigation, offers a written decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please guarantee all information is appropriate and supporting files are submitted. If you are submitting a grievance, you need to sign up for the claimant website so you can log in to see where your problem is in the procedure.