On February 28, 2022, the Government of Ontario announced the Working for Workers Act, 2022. The legislation, which passed on April 11, 2022, introduced new protections for gig workers who provide ride-share, delivery, and courier services through digital platforms in Ontario. These protections are contained in the Digital Platform Workers Rights Act, 2022 and include minimum wage protections, tip protection, pay transparency, and written notice before removal from a platform.
The legislation came on the heels of calls for greater transparency and workers’ rights for digital platform workers in Ontario’s gig economy, including workers using platforms such as Uber, Lyft, SkipTheDishes, DoorDash, and other app-based services. The first reading motion of Bill 88, Working for Workers Act, 2022 carried on February 28, 2022. The text and status of the Bill are available on the Ontario Legislative Assembly website. Of particular interest for this commentary is the Digital Platform Workers Rights Act, 2022, which is Schedule 1 to Bill 88.
The Digital Platform Workers Rights Act, 2022 applies to workers providing services through digital platforms. Some of the key definitions are as follows:
- Digital platform: means, subject to the regulations, an online platform that allows workers to choose to accept or decline digital platform work;
- Digital platform work: means, subject to the regulations, the provision of ride-share, delivery, courier, or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform;
- Worker: means, subject to the regulations, an individual who performs digital platform work and includes a person who was a worker;
- Worker right: means a requirement or prohibition under the Digital Platform Workers Rights Act, 2022 that applies to an operator for the benefit of a worker.
The legislation provides that workers performing digital platform work are entitled to the following minimum protections:
- Earn at least the Ontario general minimum wage for eligible time worked, subject to the requirements of the Digital Platform Workers Rights Act, 2022;
- The right to keep their tips;
- The right to a recurring pay period, along with detailed pay statements;
- Written notice if they are being removed from the digital platform, subject to the requirements of the legislation;
- The right to resolve certain work-related disputes in Ontario; and
- Protection from reprisal should they seek to assert their rights.
Importantly, these rights apply to workers performing digital platform work, regardless of whether those workers are employees or independent contractors. Section 2 of the Digital Platform Workers Rights Act, 2022 states that the purpose of the Act is to establish certain worker rights for workers, regardless of whether those workers are employees. The legislation also includes a complaints mechanism. Businesses found to be in violation of the workers’ rights outlined above may be subject to financial penalties.
What This Means for Gig Workers
The Digital Platform Workers Rights Act, 2022 establishes minimum protections for many workers who provide ride-share, delivery, and courier services through digital platforms such as Uber, Lyft, Uber Eats, DoorDash, and SkipTheDishes in Ontario.
These rights may apply even where a worker is classified as an independent contractor rather than an employee. Depending on the nature of the working relationship, some workers may also have additional legal rights relating to employment status, termination, or compensation.
For example, a worker who is highly controlled by a platform or business may wish to obtain legal advice about whether they have been properly classified. In some cases, misclassified workers may be entitled to rights beyond those provided under the Digital Platform Workers Rights Act, 2022.
You can review the full Ontario Newsroom press release at Ontario Establishing General Minimum Wage for Digital Platform Workers and the backgrounder on Bill 88 at Working for Workers Act, 2022.
In Summary
Working for Workers Act, 2022 introduced additional rights for digital platform workers in Ontario. These rights benefit workers performing digital platform work and are in addition to certain minimum standards prescribed in employment legislation.
This was written by Alexandra Monkhouse, Employment Lawyer at Monkhouse Law. Monkhouse Law is an employment law firm in Toronto with a focus on workers’ issues.
If you work for Uber, Lyft, Uber Eats, DoorDash, SkipTheDishes, or another digital platform and have questions about your rights, employment status, or potential entitlements, please contact Monkhouse Law Employment Lawyers for a free 30-minute phone consultation.