ページ "Filing A Claim"
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In Ontario, you may file a claim with the Ministry of Labour, Immigration, employment 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 violated.
If you've lost your task, please check out Employment Ontario to find out how they can assist you get training, develop abilities or find a new task.
Filing a claim
You can sue online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for issues associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to comprehend what to expect when submitting a work requirements claim
If you have already started a claim
If you have actually currently 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 registered for the claimant website using a ONe-Key account, please choose 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 website. If you do not utilize the exact 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/ develop account
Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and utilize the portal.
Internet browser requirements
To file a claim online using e-claim or to access the claimant website you ought to use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers might work, but they are not supported by the e-claim or claimant portal.
PDF claim types
You can likewise submit an ESA or EPFNA claim using 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 staff members operating in Ontario are covered by the ESA. However, some workers are not by the ESA and some staff members 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 violated your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the correct rate of pay and/or public holiday pay, vacation pay or other wages they are entitled to under the ESA.
- Not supplying a worker with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.
- Not supplying a staff member with wage declarations or other needed documents.
For more details, see Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.
The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- collective agreement
- the typical law
- other legislation
If you have concerns about your privileges, you might wish to contact a lawyer.
Time limitations for filing an ESA claim
There are time frame that use to filing an ESA claim. Generally, you should sue within two years of the alleged ESA violation. If you submit a claim within the two-year limit a work standards officer will investigate the claim.
Similarly, if your employer owes you earnings, the salaries should 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 Foreign Nationals Act claims
A claim may be made when you think your employer or an employer has actually violated your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary worker program. For instance, 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 use to you.
Examples of EPFNA infractions include:
- a recruiter charging you any fees
- an employer charging you for working with expenses (with minimal exceptions).
- a recruiter or company holding onto your residential or commercial property (such as a passport).
- an employer or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all salaries owed, you may be able to sue under the ESA.
Time limitations for filing an EPFNA claim
Generally, you need to 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 money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) provides specific workplace defenses to child entertainers who are under 18 years of age working in the live and recorded home entertainment industries.
It includes minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA applies to:
- child entertainers.
- their parents.
- their guardians.
- companies.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Learn more about the rights of child performers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you believe workplace defenses have actually not been provided to a child entertainer in Ontario. Filing a claim is free.
To submit a claim, you must be either:
- a kid performer under 18 years of age.
- the parent or guardian of a kid performer under 18 years of age.
The kid entertainer should not be covered by a collective agreement.
To sue:
Download the claim kind from the types repository and conserve it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader for free).
2. Complete the kind with all the required details.
3. Select the "submit by email" button within the kind to send your claim.
Please only file your claim as soon as.
After you file a claim:
- You will receive an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim must 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 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 choose to pursue your rights through the courts, you need to withdraw your submitted claim within two weeks after it is submitted.
This claim kind is not meant for you if:
- you operate in an industry that falls under federal jurisdiction.
- you wish to file a complaint about occupational health and wellness.
- you want to file a human rights complaint under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you file a claim
Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be designated varies, depending on numerous factors, including the amount of inbound claims. Anyone who submits an employment requirements claim receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has been designated for investigation.
The claims investigation procedure can take a number of months. For the most part, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if essential.
To avoid hold-ups with processing your claim, please guarantee all info is proper and supporting documents are submitted. If you are sending a grievance, you ought to sign up for the claimant portal so you can visit to see where your grievance remains in the process.
ページ "Filing A Claim"
が削除されます。ご確認ください。