Laws that got here into impact on Sept. 3 launched protections for gig employees within the province, together with: a minimal wage, mileage compensation, upfront fare transparency, and guidelines for account deactivation and dispute decision. The laws additionally give employees entry to employees’ compensation by way of WorkSafeBC, a provincial company that helps injured employees.
When you’re a gig employee or contemplating working by way of an app, right here’s what it’s good to know in regards to the rights you’ve throughout the nation.
What led to new gig employee protections in B.C.?
The laws come after years of efforts by unions and gig employees themselves to have gig work lined by provincial employment requirements. In provincial labour legislation, app-based employees are thought of impartial contractors reasonably than staff, which implies they haven’t been eligible for conventional employment protections, comparable to a minimal wage and guidelines round termination and severance pay. Gig work platforms additionally don’t need to make employment insurance coverage (EI) or Canada Pension Plan (CPP) contributions on behalf of gig employees.
The workforce for ride-hailing and supply platforms, together with Uber, DoorDash, SkipTheDishes and Lyft, grew 46% in 2023, in accordance with Statistics Canada’s December 2023 labour drive survey. That introduced the entire variety of employees aged 16 to 69 to 365,000, up from 250,000 in 2022. Landed immigrants accounted for nearly six in 10 of these employees.
B.C.’s guidelines are a “step in the best course,” says Jim Stanford, an economist and the director of the Centre for Future Work, a progressive analysis institute. However gig work continues to be largely the “wild west of employment,” he says, and there are few avenues for employees to say their rights.
Wages for gig employees
B.C. is the primary province or territory to implement a minimal wage for gig employees. At $20.88 per hour, the speed is 120% of the common provincial minimal wage of $17.40 per hour. It solely applies to “engaged time,” which means the time drivers and couriers really spend on assignments—therefore the wage premium. Employees whose engaged time over a choose pay interval falls beneath the gig employee minimal wage are topped up by the platform on the time they’re paid. (Ideas are usually not included within the minimal wage calculation.)
“The equation is troublesome and it’s not excellent, nevertheless it goals to begin to tackle idle time, when somebody is ready to choose up an individual or bundle,” says Pablo Godoy, director of rising sectors for the United Meals and Business Employees Canada (UFCW), a non-public sector union. The UFCW Canada signed an settlement with Uber Canada in 2022 that made the union the official consultant for Uber drivers and supply employees throughout the nation.
Ideas and automobile allowances
As a part of the brand new laws, B.C. has mandated that platforms pay employees 100% of their suggestions. It has additionally launched a automobile allowance to compensate employees for the price of sustaining their automobiles. Drivers obtain 45 cents per kilometre for private automobiles and 35 cents per kilometre for different types of transportation, together with motorized e-bikes and bicycles. (Those that journey by foot aren’t eligible for the allowance.)