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Online Platform Workers - Act Part 1, Section 3.1

Last updated on September 3, 2024

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section provides that the Employment Standards Act applies to online platform workers as defined in section 1. 

Text of Legislation

3.1 For the purposes of this Act,

(a) an online platform worker is to be considered an employee, whether or not the online platform worker is an employee under any law, and

(b) the operator of the online platform through which an online platform worker accepts prescribed work is to be considered the employer of the online platform worker.

Policy Interpretation

Part 7.2 of the Employment Standards Regulation governs the employment of 2 types of workers:

  • Delivery services workers pick up orders for food, drinks or other goods and deliver them to customers who ordered the product through an online platform
  • Ride-hail services workers transport passengers who request the service through an online platform

Online platform workers are considered employees for the purposes of the Employment Standards Act. They are considered to be employed by the online platform they complete tasks for. Delivery services workers and ride-hail services workers are covered by the Employment Standards Act, except for specific excluded sections.

Related Information

Related sections of the Act or Regulation

ESA

ESR