01 May What is Digital Platform Workers’ Rights Act?
As the use of online platforms have continued to increase and innovate, we have depended on electronic communication more than ever. Whether we are ordering for a food delivery, requesting transportation services, hiring digital creators etc., employing workers to perform a task in exchange for payment has become increasingly popularized. As we depend on these services more frequently, is has become a priority to provide appropriate working conditions and rights for digital workers.
Passed in April 2022, Bill 88, Working for Workers Act, 2022, has developed a new act called Digital Platform Workers’ Rights Act, 2022, initiating the minimum rights for digital platform workers. Workers are legally defined as digital platform workers when they provide their services and solutions for compensation upon the request of an offer via an online platform. According to this definition, this work will involve “ride share, delivery, courier, or other proscribed services assigned by an operator”.
The Digital Platform Workers Rights Act, 2022, was instated because digital workers were dealing with severe working conditions where they were consistently underpaid and in precarious environments. The act has now outlined rights involving the right to:
- Minimum wage established by the Employment Standards Act, 2000 (ESA) set at $15.50.
- A consistent pay period and pay day that includes gratuities and tips.
- Receiving the proper amount earned without the operator of the digital platform concealing, extracting, or forcing the worker to relinquish their earned compensation.
- Being informed of employment information from the operator at least one day before commencing their employment relationship. For example, how pay will be enumerated, how they will receive gratuities and tips, their expected pay day etc.
- An acceptable notice of removal from accessing the digital platform by the operator. If they will be unable to access the platform for more than twenty-four hours, the operator is responsible for providing at least two weeks’ notice. There are exceptions to providing notice, for example, if the worker engages in unlawful behaviour where it is reasonable to deny their access to the platform.
- Resolving employment disputes between the digital platform, colleagues, or the operator of the platform.
- Protection from reprisal where the operator would intimidate, threaten, threaten to intimidate, or punish the worker in response to their effort to practice these outlined rights.
If you are a digital platform worker and need help exercising your rights, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.