1 Suing

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In Ontario, you might submit a claim with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or employment Protecting Child Performers Act (PCPA) is being broken.

If you have actually lost your task, please visit Employment Ontario to learn how they can assist you get training, construct skills or discover a brand-new job.

Suing

You can sue online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

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

If you have actually already started a claim

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

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

If you have previously signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account using the exact same e-mail address that was used when you registered in the claimant portal. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your previously sent claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the website.

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant portal you must utilize:

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

PDF claim kinds

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 employees working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

- Failure to pay an employee the appropriate rate of pay and/or public holiday pay, getaway pay or other salaries they are entitled to under the ESA.
- Not offering a worker with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.
- Not offering a staff member with wage statements or employment other needed files.
For more info, go to Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. The rules under the ESA are minimum requirements. You might have higher rights under:

- an employment agreement
- cumulative contract
- the common law
- other legislation
If you have questions about your privileges, you might want to contact an attorney.

Time frame for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA violation. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or a recruiter has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary staff member program. For instance, if you are working or looking 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 consist of:

- an employer charging you any charges
- a company charging you for hiring costs (with limited exceptions).
- an employer or employer holding onto your home (such as a passport).
- an employer or employer punishing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you might be able to file a claim under the ESA.

Time frame for employment filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment standards officer can normally provide 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers particular 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 respect to hours of work, breaks and payment of travel costs.

The PCPA uses to:

- child entertainers.
- their parents.
- their guardians.
- companies.
Sections are implemented by the Health and wellness Program or the Employment Standards Program.

Learn 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 actually not been provided to a child performer in Ontario. Filing a claim is complimentary.

To sue, you need to be either:

- a kid performer under 18 years of age.
- the moms and dad or guardian of a child entertainer under 18 years of age.
The child performer should not be covered by a cumulative contract.

To submit a claim:

Download the claim type from the types repository and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the form with all the required details.
3. Select the "submit by email" button within the type to submit your claim.
Please only submit your claim as soon as.

After you file a claim:

- You will get an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as quickly as possible.
Time limits to a PCPA claim

Generally, a PCPA claim should be submitted within two years of the alleged PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

- you have taken court action against your company for the exact 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 submitted claim within two weeks after it is submitted.


This claim form is not meant for you if:

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

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be assigned varies, depending on several aspects, consisting of the quantity of incoming claims. Anyone who submits an employment requirements claim gets a verification and is appointed a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims examination procedure can take several months. In the majority of cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the examination, supplies a composed choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please ensure all details is proper and supporting documents are submitted. If you are sending a problem, you must sign up for the claimant portal so you can log in to see where your complaint remains in the procedure.