Ontario Government set to give minimum wage to gig workers

Ontario Premier Doug Ford and his labour minister will announce plans for new legislation that will extend the $15 minimum wage to gig workers, such as Uber drivers, CityNews has learned.

The government will introduce what it’s calling the Digital Platform Workers’ Rights Act, which will establish core rights for workers who perform digital platform work, such as Uber, Lyft, and DoorDash drivers, couriers, and others who find work through the use of an app.

The legislation would give a $15 minimum wage to these workers, excluding tips, however the minimum wage would only apply for active hours — when drivers are performing a delivery or ride. It would not apply to hours when drivers are in between or waiting for their next delivery.

“No gig worker should be paid below minimum wage,” Labour Minister Monte McNaughton told CityNews.

When asked why his new legislation would not extend minimum wage for gig workers outside of active hours, McNaughton said it was a “beginning”

“I can guarantee you all those workers in the gig economy are going to be a lot better off with these changes than they were yesterday,” McNaughton said.

McNaughton didn’t deny reports that Uber Canada sent him a letter urging him to institute the minimum wage for its drivers, saying “I’ve heard Uber’s proposal, I’m going in a different direction.”

“We’ve also seen that these companies haven’t moved, that’s why I’m stepping in to make these changes and to support these workers,” he said.

Its not just minimum wage, the new legislation would also lay out new rights for gig workers including that they receive written information on:

• How pay is calculated.
• Factors used to determine whether they are offered assignments.
• Performance rating system and consequences of poor ratings.
• How and when tips are collected by the operator.
• A recurring pay period and pay day.
   

The bill, if passed, would also put in place a prohibition on tips being withheld by platform operators, provide notice of removal from platform, and reason for removal, and would mandate that gig works can resolve work-related disputes in Ontario.

The legislation does not address employment status. People will get these rights simply by being digital platform workers.

This is the latest in a serious of pro-worker announcements from the Ford government in advance of the June election. In December the government unveiled plans to give heath and dental benefits to gig workers.

“We’ve been working very hard for the past 3 1/2 years to look at the future of work, to look at how technology is changing things for workers in the province” said McNaughton, “there will always be more to come on this.”

This legislation will be tabled at Queen’s Park on Monday, CityNews has learned, and will take effect when it’s proclaimed into law.