Lepostecanada

Overview

  • Founded Date April 27, 1902
  • Sectors Office
  • Posted Jobs 0
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Company Description

Suing

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 broken.

If you’ve lost your job, please go to Employment Ontario to find out how they can help you get training, construct skills or discover a new job.

Suing

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

Sue

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

File a PCPA claim

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

If you have actually currently begun a claim

If you have actually already started or sued through the claimant portal, you can:

– check in to continue your claim

– examine 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 utilizing a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant portal. If you do not use the same e-mail address, you will not have the ability to see any of your previously sent claims. If you need help, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for a summary of the portal functions, including how to sign-up and utilize the website.

Internet internet browser requirements

To sue online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 claims

Most staff members working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have special rules and/or exemptions that may apply to them.

A claim may be made when you believe your company has breached your rights under the ESA.

Examples of ESA infractions include:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, trip pay or other wages they are entitled to under the ESA.

– Not providing 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 offering a worker with wage statements or other needed documents.

To learn 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 offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have concerns about your entitlements, you might wish to call a lawyer.

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 two years of the supposed ESA violation. If you sue within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the incomes must have been owed to you in the 2 years before your claim was filed for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or an employer has broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or looking for 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 infractions include:

– a recruiter charging you any costs

– a company charging you for hiring expenses (with restricted exceptions).

– an employer or employer holding onto your residential or commercial property (such as a passport).

– an employer or employer punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain work environment protections to child performers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– kid entertainers.

– their parents.

– their guardians.

– companies.

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

Find out more about the rights of kid 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 entertainer in Ontario. Suing is complimentary.

To sue, you should be either:

– a kid entertainer under 18 years of age.

– the parent or guardian of a kid entertainer under 18 years of age.

The kid performer should not be covered by a .

To sue:

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

1. Open the form with Adobe Reader (download Adobe Reader free of charge).

2. Fill out the form with all the needed information.

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

Please only file your claim when.

After you submit a claim:

– You will get an e-mail verification that includes your claim number.

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

Time limits to filing a PCPA claim

Generally, a PCPA claim must be filed 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 taken court action versus your company for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and referall.us choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.

This claim type is not intended for you if:

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

– you wish to submit a problem about occupational health and wellness.

– you desire to submit a human rights problem under the Human Rights Code.

– you desire to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you submit a claim

Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be appointed varies, depending on numerous aspects, including the amount of incoming claims. Anyone who submits an employment requirements claim gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims investigation procedure can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if essential.

To prevent delays with processing your claim, please ensure all information is proper and supporting files are submitted. If you are submitting a complaint, you should sign up for the claimant portal so you can visit to see where your problem remains in the procedure.

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