Company Overview
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Categories Support
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Founded 1901
Company Description
Filing A Claim
In Ontario, you might sue 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 Protecting Child Performers Act (PCPA) is being violated.
If you have actually lost your job, please go to Employment Ontario to discover how they can assist you get training, employment develop abilities or discover a brand-new task.
Filing a claim
You can sue online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also submit a claim online for concerns associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to expect when filing a work requirements declare
If you have currently started a claim
If you have actually currently started or sued through the claimant website, you can:
– check in to continue your claim
– examine the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and employment develop a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not be able to see any of your previously sent claims. If you need assistance, 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 use the website.
Internet browser requirements
To sue online using e-claim or to access the claimant portal you should use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers may work, but they are not supported by the e-claim or claimant portal.
PDF claim forms
You can likewise submit an ESA or EPFNA claim utilizing 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 workers are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that might use to them.
A claim might be made when you think your company has violated your rights under the ESA.
Examples of ESA infractions consist of:
– Failure to pay a worker the correct rate of pay and/or public vacation pay, trip pay or other salaries they are entitled 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 staff member with wage declarations or other needed documents.
For more details, visit Your Guide to the Employment Standards Act or the Guide to special 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 may have higher rights under:
– an employment agreement
– cumulative arrangement
– the common law
– other legislation
If you have questions about your privileges, you might want to call an attorney.
Time limits for filing an ESA claim
There are time limits that use to submitting an ESA claim. Generally, you should file a claim within 2 years of the supposed ESA offense. If you sue within the an employment standards officer will investigate the claim.
Similarly, if your employer owes you wages, the incomes must have been owed to you in the two years before your claim was submitted for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you think your employer or an employer has actually breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-term staff member 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 use to you.
Examples of EPFNA offenses consist of:
– a recruiter charging you any charges
– a company charging you for hiring costs (with limited exceptions).
– an employer or employment company holding onto your property (such as a passport).
– a recruiter or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you might be able to sue under the ESA.
Time limitations for submitting an EPFNA claim
Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year period 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) offers particular office securities to kid entertainers who are under 18 years of age working in the live and taped show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
– kid performers.
– their moms and dads.
– their guardians.
– employers.
Sections are implemented by the Health and Safety Program or employment 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 file a PCPA claim if you believe workplace defenses have actually not been provided to a kid performer in Ontario. Filing a claim is totally free.
To submit a claim, you should be either:
– a child entertainer under 18 years of age.
– the moms and dad or guardian of a child entertainer under 18 years of age.
The child entertainer need to not be covered by a cumulative arrangement.
To sue:
Download the claim type from the types repository and save it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Complete the form with all the required details.
3. Select the “submit by email” button within the kind to submit your claim.
Please only submit your claim when.
After you sue:
– You will get an e-mail verification 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 two years of the alleged PCPA violation.
When a claim can not be submitted
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 must withdraw your sent claim within 2 weeks after it is filed.
This claim kind is not planned for you if:
– you work in a market 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 wish to file 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 received. The amount of time it considers a claim to be assigned varies, depending on several aspects, including the amount of inbound claims. Anyone who sends a work requirements declare receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for examination.
The claims examination procedure can take a number of months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the examination, supplies a composed choice and takes enforcement action if necessary.
To prevent hold-ups with processing your claim, please ensure all info is appropriate and supporting documents are submitted. If you are sending a complaint, you ought to sign up for the claimant website so you can log in to see where your problem is in the procedure.