Working in the gig economy? What you don’t know might hurt you

According to Dr. Supriya Routh, a labor and employment law researcher at UBC’s Peter A. Allard School of Law, the rapid growth of the gig economy has outpaced employment laws, leaving workers vulnerable to potential risks. As online platforms broker app-based services like ride-hailing and delivery, workers often sign non-negotiable contracts that may incorrectly classify them as independent contractors. This misclassification exposes them to additional risks and liabilities, such as reduced protection against job loss, injury, discrimination, harassment, and limited access to labor laws.

A Statistics Canada survey from December 2022 revealed that approximately 250,000 Canadians engaged in app-based ride or delivery services in the previous year, where most of these workers were men (73.1%) and landed immigrants (55.7%). The gig economy also includes content creation, programming, design, teaching, and tutoring, with women representing the majority (58.4%) of content creators.

Many individuals turn to gig work for various reasons, such as supplementing income or working flexible hours. However, certain groups, including racialized people and new immigrants, are over-represented in the most precarious and poorly paid gig work. Immigrant care workers waiting for accreditation may also rely on digital gig platforms.

Dr. Bethany Hastie, an associate professor at UBC’s Allard School of Law, emphasizes the need for Canada to update labor laws to accommodate the evolving nature of work. She notes that platform workers are often designated as independent contractors, denying them access to employment standards laws, including minimum wage regulations.

Dr. Routh acknowledges the global challenges to gig worker status as independent contractors. A recent UK judgment classified Uber workers as "workers," leading Uber to provide some benefits such as minimum wage, paid vacation, and insurance. In Canada, a Supreme Court challenge by an UberEats driver, claiming an unfair arbitration clause, highlights the unbalance of power in gig worker contracts.

Today, the BC government is reviewing the employment standards related to app-based gig work, potentially proposing amendments to protect gig workers and prevent misclassification as independent contractors. Dr. Routh emphasizes the importance of devising laws that suit different gig work situations and adapting regulations to keep pace with technological advancements in the evolving world of work.

 

How do I relate this article to a personal experience? Some weeks ago, I was talking to a friend who currently works making deliveries and he told me his concerns about his job. These mainly are related to benefits and vacations. These two points make him reconsider the continuity in this type of job. In my opinion, I believe that authorities should put on the agenda the revision of the regulations and laws for this sector of the labor force to improve their labor conditions.

References

Ali, C. (2023, January 19). The University of British Columbia. Retrieved from The University of British Columbia: https://beyond.ubc.ca/working-in-the-gig-economy-what-you-dont-know-might-hurt-you/