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In Ontario, you may sue 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 see Employment Ontario to learn how they can help you get training, build abilities or find a new task.

Suing

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

File a claim

You can also sue online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing an employment requirements claim

If you have actually already begun a claim

If you have already begun or sued through the claimant website, you can:

- check in to continue your claim
- check 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 choose the sign-in/ produce account button and create a My Ontario account using the very same email address that was utilized when you registered in the claimant website. If you do not use the very same email address, akropolistravel.com you will not be able to see any of your formerly submitted claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal functions, including 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 browsers might work, however they are not supported by the e-claim or claimant portal.

PDF claim forms

You can likewise file 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 claims

Most workers 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 special guidelines and/or exemptions that might apply to them.

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

Examples of ESA violations consist of:

- Failure to pay an employee the appropriate rate of pay and/or public vacation pay, getaway pay or other wages they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
- Not providing a staff member with wage statements or other required documents.
To learn more, see 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 offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

- a work contract
- cumulative arrangement
- the common law
- other legislation
If you have concerns about your entitlements, you might wish to contact a lawyer.

Time limits for submitting an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you should sue within two years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the incomes need to have been owed to you in the two years before your claim was filed for the salaries 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 broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-lived staff member program. For instance, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA violations consist of:

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

Time frame for 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, a work standards officer can normally issue an order for cash 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 specific office protections to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA uses to:

- kid performers.
- their moms and dads.
- their guardians.
- employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.

Discover more about the rights of child performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have not been supplied to a child performer in Ontario. Suing is complimentary.

To sue, you should be either:

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

To sue:

Download the claim kind from the kinds repository and wait to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill in the form with all the needed info.
3. Select the "send by email" button within the kind to submit your claim.
Please just submit your claim when.

After you sue:

- You will get an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time restricts to submitting a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have actually taken court action against your employer for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

- you work in an industry that falls under federal jurisdiction.
- you want to submit a grievance about occupational health and safety.
- you desire to file 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 examined in the order that they are gotten. The quantity of time it takes for a claim to be assigned varies, depending on numerous factors, consisting of the amount of inbound claims. Anyone who sends a work standards claim receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims examination process can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO completes the investigation, provides a written choice and takes enforcement action if required.

To avoid hold-ups with processing your claim, please guarantee all information is appropriate and supporting documents are submitted. If you are sending a grievance, you ought to sign up for the claimant portal so you can log in to see where your grievance remains in the procedure.