New law that aims to protect Ontario gig workers falls short, critics say
New legislation that offers more protection to digital platform workers in Ontario has become law, but critics argue that the act falls short of what gig workers truly need. The Digital Platform Workers’ Rights Act (DPWRA) mandates that digital platform workers must be paid at least the minimum wage for each work assignment they perform. This act specifically targets ride share, delivery, and courier services such as Uber, Lyft, and Instacart.
One of the key changes introduced under the DPWRA is the requirement for more transparency regarding how pay is calculated, how and when tips and gratuities are collected by operators, and the establishment of regular pay periods. However, Jennifer Scott, president of Gig Workers United, points out a major flaw in the legislation. She highlights the distinction between engaged time, when workers are actively working, and unengaged time, when they are waiting for an order, delivery, or customer. The right to a minimum wage only applies during engaged time, leaving workers without adequate compensation for the time they spend waiting.
Despite the introduction of the DPWRA, critics argue that the legislation does not provide gig workers with the full rights and protections enjoyed by other Ontario workers. The act grants workers the right to file complaints with the Ontario Ministry of Labour but does not allow them to file complaints with the Ontario Labour Relations Board or have access to arbitration. This means that gig workers are denied essential rights such as paid sick leave, statutory holiday pay, overtime pay, and the ability to make contributions to Employment Insurance, Canada Pension Plan, and Workplace Safety and Insurance Board.
In response to criticisms, the Ontario Ministry of Labour emphasizes that the DPWRA establishes enforceable rights and core protections for digital platform workers. The legislation includes fines for operators who violate the regulations, with penalties escalating for repeated offences. Operators are also prohibited from retaliating against workers who assert their rights or file complaints.
Despite these measures, some gig workers remain skeptical about the effectiveness of the new legislation. Earla Phillips, an Uber, Lyft, and Hopp driver, believes that the law fails to address the real concerns of workers, including expenses and the precarious nature of gig work. Ryan White, a labour and employment lawyer, criticizes the legislation for not providing adequate compensation, transparency, or protection for gig workers.
Overall, while the DPWRA represents a step towards greater protection for digital platform workers in Ontario, there are concerns that the legislation may not fully address the needs of gig workers. As the implementation of the act unfolds, it will be crucial to monitor its impact on workers and make necessary adjustments to ensure fair treatment and adequate compensation for all gig workers in the province.
