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New measures to protect gig workers in B.C. coming in early 2024

Expert, labour leader call measures a good first step but insufficient
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A passenger gets into an Uber rideshare in San Francisco. Labour Minister Harry Bains announced new prosposals to protect ride-hail and food-delivery workers. (Kevin N. Hume/S.F. Examiner)

An expert says proposed improvements for app-based gig-workers announced by Labour Minister Harry Bains Thursday (Nov. 16) take a 含羞草研究社渟tep in the right direction含羞草研究社 but are insufficient.

Others offer more favourable, but still mixed assessments.

Bains announced that proposed regulations effective in early 2024 would apply 120 per cent of the provincial minimum wage to ride-hail and food-delivery workers while working. They would also become eligible for workers compensation benefits as part of other measures designed to create safe working environments.

Other proposed measures promise to protect the tips of workers and give them greater clarity about how much they earn when taking jobs over their respective apps. Platform companies must also share with workers pick-up and delivery locations for assignment, so they can assess the desirability and safety of assignments before accepting them.

More broadly, the province plans to define online platform workers as employees subject to some but not all of the standards and protections enjoyed by traditional workers.

Bains said the changes reflect detailed consultations with all players in the sector.

含羞草研究社淲e are solving the problems that matter the most to the ride-hail and food-delivery workers,含羞草研究社 he said. 含羞草研究社淥ur goal is to balance the needs of workers, while supporting the continuation of the services that so many of us have become accustomed to rely on.含羞草研究社

V茅ronique Sioufi, researcher for racial and socio-economic equity with the Canadian Centre for Policy Alternatives, BC Office, praised government含羞草研究社檚 decision to recognize gig-workers as employees. Platform companies have long used the misclassification of these workers to underpay them while burdening them with additional costs and risks, she said.

But if the proposed changes are a 含羞草研究社渟tep in the right direction,含羞草研究社 they do not go far enough, she added.

含羞草研究社淪o if they deserve to be treated fairly, why are they getting fewer protections than everyone else?含羞草研究社 she said. 含羞草研究社淭hey (government) says that they are offering up basic employment standards here, but the Employment Standards Act is already our basic. So if this is less than ESA, this is less than the basic.含羞草研究社

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In fact, Sioufi believes that some aspects of the proposed changes will have a contrary effect on workers. While they will be paid 120 per cent minimum wage while working, that extra amount won含羞草研究社檛 cover their costs while waiting to accept assignments, she said.

含羞草研究社淲hat this does, it lets platform companies kind of flood the market with as many workers as they want, because they are not responsible for being efficient,含羞草研究社 she said. 含羞草研究社淭hey are not responsible for all the time that all those workers are going to be out there waiting for the next assignment, so there is going to be lots more competition for those assignments, even though those assignments might be paid at a slightly higher rate now.含羞草研究社

Ultimately, more workers fighting over fewer assignments likely means that less money in their pockets, she said.

含羞草研究社淭heir hourly wage is most likely going to go down. This is something that the government was aware of ahead of time. Economist warned them and government put this out in their discussion paper. They knew that this would be a risk if they did not pay workers for all of of their work time (inclusive waiting to accept assignments).含羞草研究社

So why did government put this forward?

含羞草研究社淚 think this is a reflection of the strength of lobbying from platform companies,含羞草研究社 Sioufi said. 含羞草研究社淚 think there was a lot of thought and effort put into this and I think we shouldn含羞草研究社檛 minimize the fact that this is a really important in recognizing that these workers are employees含羞草研究社t含羞草研究社檚 still a really good first move.含羞草研究社

When asked about the influence of companies like Uber on the process, Bains rejected the suggestion that government gave the companies exactly what they wanted. Bains said his ministry looked at a wide range of possible solutions at great length.

含羞草研究社淲e believe this is the right balance,含羞草研究社 he said. 含羞草研究社淏ut having said all of that, we will be monitoring going forward. This is a first step.含羞草研究社

He added that the proposed measures go beyond what companies like Uber wanted.

含羞草研究社淪o there are lots of different things (in the proposal), but there are certain things that the (companies) brought to our attention and we believe that we are taking the right balance, make sure that the jobs are preserved (and) at the same time workers are treated with fairness and dignity.含羞草研究社

With that last comment, Bains indirectly alluded to the decision by some platform companies to pull up stakes in jurisdictions after they had introduced tougher measures to protect workers.

Sioufi said she hopes Bains is right when he called the proposed measures a first step but questioned the narrative that frames this issue as a choice between tougher protection and preserving jobs.

含羞草研究社(If) you look at London (in the United Kingdom), where they have applied employment protections to workers, Uber is still super profitable,含羞草研究社 she said. 含羞草研究社淭hey are doing just fine. So no, they don含羞草研究社檛 have to leave.含羞草研究社

Sussanne Skidmore, president of the BC Federation of Labour, said the proposed measure represent some progress for ride-hail and food-delivery workers, but still leaves them without the same set of protections provided to every other worker in B.C.

含羞草研究社淲e含羞草研究社檙e especially relieved that they heard us on the need for workers含羞草研究社 compensation coverage,含羞草研究社 she said. 含羞草研究社淏ut we are deeply concerned over where this plan falls short, especially because it denies workers key protections under the law, like paid sick leave.含羞草研究社

Ian Tostenson, president and chief executive officer of the BC Restaurant and Foodservices Association, said food deliveries account for 30 per cent of his industry含羞草研究社檚 business. 含羞草研究社淪o we rely on it,含羞草研究社 he said. 含羞草研究社淪o the approach of having a motivated workforce is really good.含羞草研究社

Tostenson said he likes the 含羞草研究社渂alanced tone含羞草研究社 of the legislation. 含羞草研究社淪o we are happy but devil is in the details.含羞草研究社

Uber Canada said in an emailed statement that the company is supportive of policies that protect the flexibility and independence of app-based workers while offering benefits and job-tailored protections

含羞草研究社淲ith the introduction of an 含羞草研究社榦nline platform worker含羞草研究社 category and offer of benefits and protections like a 120 per cent minimum wage guarantee and workers含羞草研究社 compensation coverage, today含羞草研究社檚 announcement by BC is encouraging,含羞草研究社 it reads. 含羞草研究社淗owever, we will need to review the legislation and regulations closely once available.含羞草研究社



wolfgang.depner@blackpress.ca

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Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula News Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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