Ontario Bill 88: Working for Workers Act, 2022 (VIDEO + Facts)

On April 11, 2022, the Ontario government passed Bill 88, the Working for Workers Act, 2022. The new legislation creates a number of changes, including:

• New rights for digital platform workers, also known as “gig workers”, through the Digital Platform Workers’ Rights Act, 2022, among them a minimum wage; and
• A requirement for large employers to create policies on the electronic monitoring of their employees.

Continue reading to find out what the new law means for both employers and employees.

WATCH: Alex Lucifero, Ottawa employment lawyer and partner at Samfiru Tumarkin LLP, spoke to CTV News about Bill 88 and the proposed changes to privacy for Ontario employees.

DIGITAL PLATFORM WORKERS’ RIGHTS

ELECTRONIC MONITORING LEGISLATION

What will this legislation do for gig workers in Ontario?

The Digital Platform Workers’ Rights Act, 2022 (the DPWRA) grants specific rights to people who work in the gig economy.

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What jobs will be included in this legislation?

The DPWRA will cover individuals who work in the ride-share, delivery, or courier industries, and includes “other prescribed services” through digital platforms that give workers the ability to take on or refuse work.

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What rights will gig workers have?

The DPWRA will provide a number of rights to individuals working in the gig economy through digital platforms. These rights include:

• a guaranteed minimum wage for work assignments;
• tip protection;
• access to certain information about how pay is calculated;
• advance notice before access is cut off to a digital platform;
• dispute resolution in Ontario;
• a recurring pay period and payday;
• being free from reprisals for exercising the rights described in the Act.

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How much will minimum wage for gig workers be in Ontario?

The legislation requires that digital platform workers are paid at least the minimum wage in Ontario, which is currently $15.00 per hour, and will increase to $15.50 per hour on October 1, 2022.

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What does the legislation on electronic monitoring require employers to do?

Bill 88, the Working For Workers Act, 2022 requires employers and companies of a certain size to disclose to employees whether they are monitoring them electronically, and if so, how they are being monitored.

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Who is affected by the new privacy laws?

Employers with 25 or more employees are required to develop written privacy policies that outline the ways they are monitoring employees.

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What type of electronics would be covered?

Companies will have to outline workplace monitoring policies for all electronics, including company computers, cell phones, GPS systems, and other devices. Employers will also be required to disclose why they require to collect such information.

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Does this legislation affect employees in all work settings?

Yes, the legislation in Bill 88 concerning electronic monitoring of employees impacts people who work in the office, at home, or in the field.

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Is Ontario the first province with a law about electronic monitoring for employees?

If Bill 88 is passed, Ontario will become the first province in Canada to require employers to establish a policy outlining the electronic tracking of employees.

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Does Ontario already have laws on employee monitoring and tracking?

In Ontario, there are currently no laws or legislation that requires employers to disclose what they are tracking and what data they are collecting from their employees. There is merit in knowing what an employer is tracking from the employee’s perspective.

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When will employers need to have electronic monitoring policies in place?

Companies with 25 or more employees will have until October 11, 2023 to have policies on electronic monitoring in place.

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