It is important for employers to understand their obligations and comply with Ontario Ministry of Labour regulations. Failure to comply with employment law can result in fines, penalties, and even prosecution. Workers` compensation insurance provides benefits and support to employees who are injured on the job or suffer from an occupational disease. If a workplace is covered by the WSIB, employees receive workers` compensation insurance without having to prove that the employer was responsible for the injury or illness. Even if the injury is attributable to the employee, the employee would still receive compensation in most cases. To be eligible for workers` compensation insurance, employers must submit a claim to the Workplace Safety and Insurance Board (WSIB). Responding to an employee`s complaint to the department can often be a complicated process. While the ministry has resources to help employers do this, they should not replace legal advice. We recommend that you speak to one of our experts who can guide you through the process. To submit an online application via e-claim or access the applicant portal, you must use: The first is a voluntary payment. To settle a claim before an investigation begins, you can choose to pay the amounts claimed to the claimant. A claim can be filed if you believe your employer has violated your rights under the ESA.
Federal employees cannot file a claim with Ontario`s ESA. Employees who wish to file a complaint about occupational health and safety or human rights violations or with the Workplace Safety and Insurance Board (WSIB) are also not eligible to apply for an ESA. Watch the video on how to file a claim to understand what to expect when filing an employment standards claim. Foreign nationals employed in Ontario also have rights under the ESA. For example, if you do not receive all the wages owing, you may be able to apply under the ESA. The Ontario Ministry of Labour ensures that workers` rights under the ESA are protected through proactive inspections. This means that employment standards officers can visit your workplace even if no claim or complaint has been made against you by an employee. As a rule, officials inform employers in advance of the visit. The information collected in this form may be used by the Ministry of Industrial Relations and Security in matters relating to the administration and enforcement of any legislation within its competence. Employment Standards may provide a copy of this complaint form to the employer you are complaining about.
The Child Performers Protection Act (PCPA) provides certain workplace protections for child performers under the age of 18 who work in the live and recorded entertainment industry. The employer also has the opportunity to participate in the survey. The public servant may ask the employer to provide evidence, records or other relevant information. If the investigator concludes that the workers` rights have been violated by the employer, the employer must remedy the violation. The employer can also be sued. The last option is for employers to dispute a claim and launch an investigation. This presupposes that both parties have the opportunity to present their arguments and evidence. For more information or assistance in applying, employees can contact the Employment Standards Information Centre toll-free at 1-800-531-5551 or 1-866-567-8893 for Teletypewriter (TTY) for the hearing impaired.
Employers who have been notified of a workplace complaint are likely to have concerns about how to respond or control the process. For those looking to resolve the claim, here are the three options the ministry usually offers to the employer. The Employment Standards Act, 2000 (ESA) sets out minimum standards for basic terms and conditions of employment in Ontario. The established standards apply to your workplace, even if you don`t mention them in your employment contracts. But this is a basic minimum requirement. Employers can offer their employees more benefits and rights if they wish. Some important employment standards that employers must comply with are regulations on hours of work, minimum wage, vacation and wages, public holidays, leave, employee record keeping, and termination and compensation. The WSIB is Ontario`s compensation agency for provincially regulated workplaces. It operates at arm`s length from the Government of Ontario and reports to the Minister of Labour. The WSIB provides employees with no-fault group liability insurance, loss of earnings benefits and health insurance. It also provides assistance with returning to work after illness or injury in workplaces covered by the Occupational Health and Safety and Insurance Act (WSIA). The WSIB also provides employers with industry-specific health and safety information.
It is fully funded by employers. It is illegal for employers to threaten or punish an employee if they make a claim or attempt to make a claim. Employers who punish employees may be ordered to pay the employee high pay. You can return to work after informing the inspector of your compliance with the order. However, there may be a second inspection to confirm compliance. Staff can call the Employment Standards Information Centre for assistance in identifying and defining issues under the ESA, APCE and PCPA and finding ways to resolve them. Contact the Employment Standards Information Centre at: Workers have the right to apply to the Ontario Ministry of Labour online for free if their employer contravenes the ESA, the Employment Protection for Foreign Nationals Act (FSPA) or the Child Performers Protection Act (PCPA). You can also submit a claim based on the BN or NAFTA using the PDF claim form. Other browsers may work, but are not supported by the electronic claims or claims portal. Time during the suspension period will not count towards the two-year limitation period for submitting your claim. This means that if your original limitation period would have ended during or after the suspension period, it has been extended and you will have more time to file your claim from the date of the alleged violation. The Ministry of Labour has an Employment Standards Application Form that you can complete and submit.
The form is available on the Ministry of Labour website in www.labour.gov.on.ca. All Ontario workplaces are subject to provincial employment standards, with a few exceptions, such as publicly regulated employment and other special categories. To enforce Ontario`s ESA, the Ontario Ministry of Labour trains employers and employees on their rights and obligations. It investigates and prosecutes employment standards complaints and OHSA violations. The Ontario Ministry of Labour also manages skilled worker immigration to Canada. But employees must file the lawsuit within two years of the alleged violation of the ESA. This is called the payback period. The time limit for prosecuting an alleged violation of the EPFNA is three and a half years. Once an application is filed within the restoration period, a labour standards officer will investigate the claim.
You can apply online for any question related to the Employment Standards Act (ESA) or the Employment Protection of Foreign Nationals Act (EPFNA). Yes. Employers and employees can appeal a WSIB decision. The WSIB has two levels of appointment. The first is the Appeals Services Division, which is responsible internally for the Commission. If an employee or employer disagrees with the Appeal Services Division`s decision, they can appeal to the Workplace Safety and Insurance Court of Appeal, which is not part of the WSIB. There are time limits for submitting an ESA application. Generally, you must file a claim within two years of the alleged violation of the ESA. This two-year period is called the “limitation period”. If you submit an application within the two-year period, a labour standards officer will investigate the claim.
Watch the Subject Portal video for an overview of portal features, including how to sign up and use the portal. In Ontario, you can file a complaint with the Ministry of Labour, Immigration, Training and Skills Development if you believe that the Employment Standards Act (ESA), the Employment Protection for Foreign Nationals Act (EPFNA) or the Child Performers Protection Act (PCPA) are being violated. If your employer owes you wages, they must have been owed to you in the two years preceding your application in order for wages to be claimed under the ESA. This two-year period is called the payback period. For more information, see your Guide to the Employment Standards Act or the Guide to Special Rules and Exceptions. Employers are also free to offer their employees more extensive rights and benefits under an employment contract or collective agreement than the minimum standards set out in the ESA. Employers will also receive a Notice of Compliance with Purchase Order form. You must complete the form and return it to the inspector. Your health and safety representative or a member of the joint health and safety committee must indicate on the form whether you agree to have complied with the orders. The Ontario Ministry of Labour provides employers and employees with information resources to encourage voluntary compliance.
It also ensures compliance with Ontario`s Employment Standards Act by investigating claims and complaints and proactively inspecting workplace practices and payroll. The Ontario Ministry of Labour will appoint an Employment Standards Officer to investigate the complaint. You can complete and submit the form online, fax it to the Ministry of Labour at 1-888-252-4684, or mail it to: If you have already submitted or submitted an application and have registered with a Keys account, log in to the Candidate Portal.