New law that aims to protect Ontario gig workers falls short, critics say

New authorities that offers much extortion to integer level workers successful Ontario becomes instrumentality connected Tuesday, but critics say the enactment is "lacking" and falls abbreviated of what gig workers really need.

Under the province's Digital Platform Workers' Rights Act (DPWRA), integer level workers indispensable beryllium paid astatine slightest the minimum wage "for each enactment duty performed by a worker."

The enactment applies to thrust share, transportation and courier services, specified arsenic Uber, Lyft and Instacart. Changes nether the instrumentality include more transparency astir however wage is calculated, how and erstwhile tips and gratuities are collected by operators arsenic good arsenic the constitution of regular wage periods.

Jennifer Scott, president of Gig Workers United, a Toronto-based national of gig workers, said the enactment volition person to spot however the authorities is implemented. But she said the occupation erstwhile it comes to gig workers is that determination is engaged time, erstwhile they are actively working, and unengaged time, erstwhile they are waiting for an order, transportation oregon customer. 

The close to a minimum wage applies lone portion gig workers are working, she said.

"This minimum wage isn't a existent minimum wage due to the fact that it lone applies to conscionable a small implicit fractional the clip that we're astatine work," Scott said.

According to a 2021 City of Toronto update to its 2019 vehicle-for-hire interaction report, drivers walk astir 40 per cent of their clip waiting for a trip, astir 48 per cent driving a rider and astir 12 per cent en-route to a pickup oregon waiting for a rider astatine pickup.

Law 'denies workers basal rights': advocate

The caller authorities besides gives workers the close to record complaints with the Ontario Ministry of Labour. But Scott said it doesn't springiness them the close to record complaints with the Ontario Labour Relations Board and that means they bash not person the close to arbitration.

Scott said the authorities fundamentally means digital level workers bash not person the aforesaid rights and protections that different Ontario workers enjoy.

"It's inactive lacking," Scott said. "This authorities — truly it denies workers basal rights and protections. It denies workers minimum wage for the full clip that we're astatine work."

The authorities besides denies workers paid sick leave, statutory vacation pay, overtime, arsenic good arsenic the close to marque Employment Insurance, Canada Pension Plan and Workplace Safety and Insurance Board contributions, Scott said.

Ontario says authorities establishes 'enforceable' rights

In a connection connected Monday, the ministry said: "Ontario is arrogant to pb the state by introducing the Digital Platform Workers' Rights Act (DPWRA), the archetypal authorities of its benignant to found caller enforceable rights and halfway protections for workers who supply ride-share, delivery, and courier services done the usage of integer platforms."

Under the legislation, corporations tin beryllium fined $15,000 for a archetypal offence and up to $50,000 for a 3rd oregon consequent offence wrong 3 years. Individuals whitethorn beryllium fined $250 for a archetypal offence and up to $1,000 for repeated violations.

"In addition, operators volition beryllium prohibited from retaliating against workers for asserting their rights, filing complaints, oregon cooperating with investigations," the ministry said.

Uber and Lyft did not respond to requests for comment.

'The pastry is lone truthful big,' Uber operator says

Earla Phillips is an Uber, Lyft and Hopp operator and co-founder and president of the Rideshare Drivers Association of Ontario, an enactment that advocates for fairness for drivers. She thinks the instrumentality doesn't bespeak existent interest by the authorities for workers. 

For example, Phillips said the authorities doesn't bespeak a driver's expenses oregon the information that the enactment is precarious.

"With the continued flood of much workers signing up to bash this benignant of work, you're degrading their small tiny chopped of the pastry that doesn't proceed to turn with that increasing workforce," Phillips said. "The pastry is lone truthful big. The pastry is not increasing successful examination to the magnitude of workers that are flooding onto gig enactment platforms."

'Step successful the incorrect direction,' lawyer says

Ryan White, a labour and employment lawyer, said the authorities is acold excessively late.

White said it doesn't bash capable to supply transparency, wage gig workers for each of the enactment they bash oregon support them when they are terminated. He said the instrumentality has been discussed since 2022 and the state has allowed the contented to "fester" for years.

"I think, if anything, the authorities is simply a measurement successful the incorrect absorption successful the consciousness that it gives the quality that we're doing thing astir the problem," White said.

White said gig enactment is under-compensated, dangerous, difficult and important.

"This is authorities that allows the provincial authorities to accidental — 'Look, we're really doing thing astir the problem' — without really taking capable steps to guarantee that gig workers are protected."

Sundeep Mann, an Uber Eats driver, said helium is not definite however the caller rules for workers specified arsenic himself volition really help. He has been an Uber Eats operator for the past 18 months.

"I person nary thought if it's bully oregon not due to the fact that it depends connected progressive time," helium said. 

Mann said helium won't cognize if it's made a quality for astatine least two weeks oregon a month.