Standards Respecting Temporary Removal of Ability to Accept Platform Work Offers - ESR Part 7.2, Section 45.32
Last updated on September 3, 2024Contents:
Summary
Text of Legislation
Policy Interpretation
Related Information
Summary
This section establishes rules about how and when access to online platforms may be suspended.
Text of Legislation
Standards respecting temporary removal of ability to accept platform work offers
45.32 (1) If the employer of a delivery services worker or ride-hail services worker intends to temporarily remove the worker’s ability to accept platform work offers, the employer must give written notice to the worker that meets the following requirements:
(a) the notice must be given at least 72 hours prior to removing the worker’s ability to accept platform work offers, unless the employer, acting reasonably, determines that any of the following apply:
(i) the worker has engaged in serious misconduct;
(ii) the worker’s continued use of the online platform would pose an immediate risk to the health or safety of any person;
(iii) immediate removal is required in order for the employer or worker to comply with (A) any applicable law, or (B) an order made by a law enforcement authority;
(b) the notice must specify the reasons for the removal;
(c) the notice must inform the worker of any process, including applicable time periods, under which the worker may do one or both of the following:
(i) respond to the notice;
(ii) ask the employer to reconsider the employer’s decision to remove the worker’s ability to accept platform work offers.
(2) If the ability of a delivery services worker or ride-hail services worker to accept platform work offers is temporarily removed, the employer must restore that ability by no later than 14 days after the removal takes effect unless the employer, acting reasonably, determines that a longer period of time is necessary
(a) in order to comply with
(i) any applicable law, or
(ii) an order made by a law enforcement authority, or
(b) because the worker has not complied with a request made by the employer for information in relation to the reasons or the removal.
(3) If an employer determines under subsection (2) that a longer period of time is necessary, the employer must restore the worker’s ability to accept platform work offers as soon as reasonably possible following the removal of that ability.
Policy Interpretation
An online platform employer may temporarily suspend a worker's access to their online platform as long as the worker receives 72 hours’ notice of the suspension. The notice must specify:
- The reason for the suspension
- The process (if one exists) for the worker to respond to and/or ask the employer to reconsider the suspension
Reasons for the suspension
This section encourages open communications between employers and worker, consistent with the purposes of the Act. The reasons should be sufficiently detailed to allow the worker to understand why their ability to work is being temporarily suspended.
Reconsideration process
The Act does not require an online platform employer to establish a process for reconsideration of a suspension, but having a process is consistent with the purposes of the Act.
When notice is not required
An employer does not have to give notice of a suspension if:
- The worker engaged in serious misconduct
- The worker represents a safety risk
- The suspension was required by law or law enforcement
A temporary suspension can only last 14 days, but may be extended in certain circumstances. This is in effect an affirmative right for employers to temporarily lay these workers off for up to 14 days.
This section sets the requirement for employers to provide notice if they are temporarily suspending a worker from an online platform. The Employment Standards Branch cannot investigate disputes or complaints around the reasons provided for a temporary suspension, or an employer’s lack of a process to challenge a temporary suspension.
Related Information
Related sections of the Act or Regulation
ESA
ESR