Rights for employees on digital platforms: Lior Samfiru on Newstalk 580 CFRA

Interview Summary

As more income-generating opportunities are created online, questions have arisen regarding employee rights. What can Canadians who use social media or delivery apps as a source of income do to protect their rights? Are digital platforms beholden to Canadian employment laws? Who decides whether or not an individual is an employee or a contractor?

Lior Samfiru, an Ontario employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s Bill Carroll to discuss digital platforms and their obligations to employees.

Interview Notes

• What is the gig economy: Lior explained that determining whether or not workers in the gig economy are considered employees is a highly contested issue. “These individuals have been treated as independent contractors even if they work full-time, even if they work exclusively for one of these companies…they’ve always been treated as contractors,” said Samfiru. Samfiru went on to note that there appears to be a shift happening. “In B.C. the government has made some changes to treat them as employees.”
• Signing a contract: “There is extensive paperwork that comes with taking on one of these roles,” Samfiru stated. “Often what is included is terminology stating they are a contractor, not an employee,” Samfiru explained that ultimately the law dictates whether or not someone is an employee or independent contractor.
• The point of an employment contract: “The contract governs rules and regulations above and beyond minimum protections,” said Samfiru.
• Retaining legal representation as a gig worker: Samfiru noted that gig workers can seek out legal advice on an individual basis. “If you have been misclassified and let go,  if you are an employee in the eyes of the law, you would be entitled to severance just like any other employee.”
• Frequency of complaints for misclassified workers: “A lot of people have this as a main source of income and through no fault of their own, their employment is cancelled. They now no longer have any income,” Samfiru explained. “This is something you don’t think about until you’re in that situation and want to do something about it.”
• Reasons for termination: Customer complaints and ratings can lead to a termination of employment for many working through digital platforms. “Ratings, maybe you weren’t available for a certain number of days, there are various reasons these companies are regularly cancelling use,” said Samfiru.

Related Resources

For further insights and discussions related to employee rights and the gig economy, explore the following resources:

• Uber class action lawsuit