cover image: Demanding a Fair Share

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Demanding a Fair Share

18 Jul 2017

The fundamental challenge faced by workers in the on-demand service econ- omy is that they are not recognized as “employees.” They are characterized as “independent contractors.” To the extent that this label misclassifies the nature of the actual work relationship, it effectively places them beyond the protection of both the ESA and the LRA. [...] However, other factors to consider include whether the worker provides his or her own equipment, whether the worker hires his or her own helpers, the degree of financial risk taken by the worker, the degree of responsibility for investment and man- agement held by the worker, and the worker’s opportunity for profit in the performance of his or her task.31 Meanwhile, the common law recognizes that [...] The special advisors wrote: We reject the notion that the Ministry of Labour in Ontario can effective- ly redress the problem of misclassification of workers who would be called “dependent contractors” under the LRA at the administrative level by inter- preting the existing ESA definition to include such people.40 As minimum standards legislation, the ESA should clearly identify who has rights and [...] The special advisors also noted that the conflicting definitions of employee between the ESA and LRA would, on principles of statutory interpretation, suggest that a failure to include de- pendent contractors in the ESA was intentional.41 As a result, recommenda- tion #125 in the review stated that the ESA definition of employee should be amended to include a dependent contractor as defined in the [...] Recommendation #126 in the Changing Workplaces Review states that: The Employment Standards Act, 2000 should provide that in any case where there is a dispute about whether or not a worker is an employee, the person receiving the worker’s services has the burden of proving that the person is not an employee covered by the Act and has a concomitant obligation to adduce all relevant evidence with re
government economics economy freedom of association business collective bargaining employment ethics justice labour labour relations pension jobs human activities gig economy employee society burden of proof (law) independent contractor bargain collectively dependent contractor independent contractors
ISBN
9781771253543
Pages
26
Published in
Ottawa, ON, CA

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