On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers’ Rights Act, 2022, which would establish rights for workers who offer services through digital platforms. In addition, Bill 88 would amend a number of statutes including the Employment Standards Act, 2000.
This article summarizes some of the proposed changes under Bill 88.
Introduction of Digital Platform Workers’ Rights Act, 2022
If passed, Bill 88 will introduce the Digital Platform Workers’ Rights Act, 2022. Bill 88 would apply to “digital platform work,” which is currently defined as “the provision of for payment 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.”
Bill 88 would establish a number of worker rights, including the right to a minimum wage, applicable regardless of whether workers are considered employees. Under the proposed legislation, digital platform operators would not be able to contract out of these provisions and would be required to ensure their workers are informed of:
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the method of calculating pay for digital platform work;
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whether gratuities have been collected, the time of their collection, and the method of collection;
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the pay period and pay date;
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the factors used to determine offers of work assignments and the application of those factors;
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an overview of the consequences of any...
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