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  • Date de création 12 septembre 1967
  • Secteurs Estate Agency
  • Emplois Postés 0
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Suing

In Ontario, you may 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 breached.

If you’ve lost your task, please visit Employment Ontario to learn how they can assist you get training, develop skills or discover a new job.

Filing a claim

You can sue online for any issues 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 submitting a claim video to comprehend what to expect when filing a work requirements claim

If you have currently begun a claim

If you have actually already started or submitted a claim through the claimant portal, 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 previously signed up for the claimant website using a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the same email address that was used when you enrolled in the claimant website. If you do not use the same email address, you will not be able to see any of your previously sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the portal.

Internet browser requirements

To submit a claim online using e-claim or to access the claimant portal you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file 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, employment Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, employment Ontario
P6A 6V4

Employment Standards Act claims

Most staff members 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 unique rules 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 include:

– Failure to pay a worker the correct rate of pay and/or public holiday pay, getaway pay or other incomes 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 employment taking such a leave.

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

For more info, 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 workplaces. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment contract

– collective agreement

– the typical law

– other legislation

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

Time frame for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must submit a claim within 2 years of the supposed ESA infraction. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your employer owes you salaries, the incomes should have been owed to you in the two years before your claim was applied for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your company or an employer has actually violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign temporary staff member program. For example, if you are working or employment trying to find operate in Ontario through the federal Temporary Foreign Worker Program, employment or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any fees

– a company charging you for working with costs (with restricted exceptions).

– a recruiter or employer holding onto your property (such as a passport).

– an employer or employer penalizing you for inquiring 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 incomes owed, you might be able to file a claim under the ESA.

Time frame for employment submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can normally release 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) offers particular work environment defenses to child entertainers who are under 18 years of age working in the live and taped entertainment markets.

It includes minimum rights with regard to hours of work, breaks and payment of .

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have not been offered to a kid performer in Ontario. Filing a claim is totally free.

To submit a claim, you need to be either:

– a kid performer under 18 years of age.

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

The kid performer must not be covered by a cumulative arrangement.

To sue:

Download the claim form from the forms repository and wait to your computer system.

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

2. Fill in the type with all the required details.

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

Please only file your claim as soon as.

After you submit a claim:

– You will receive an email 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 need to be submitted within two years of the alleged PCPA infraction.

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 submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is filed.

This claim type is not planned for you if:

– you work in an industry that falls under federal jurisdiction.

– you want to submit a complaint about occupational health and safety.

– you want to file a human rights problem under the Human Rights Code.

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be designated differs, depending upon numerous aspects, including the amount of inbound claims. Anyone who submits a work standards claim gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.

The claims examination procedure can take several months. In many cases, a claim is assigned 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 requirements officer (ESO). The ESO completes the examination, offers a composed choice and takes enforcement action if necessary.

To avoid delays with processing your claim, please make sure all info is right and supporting documents are filed. If you are sending a complaint, you should sign up for the claimant portal so you can visit to see where your complaint remains in the procedure.