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B.C. & Gig Worker Protections

Changes Coming in B.C. For Gig Workers

The Province has announced coming legislation to protect gig workers such as those involved in ride share, food delivery services, most of which have been hired as independent contractors. Generally these persons lack minimum protections of the employment standards or workers’ compensation regimes. The government estimates the present number of persons engaged in industries such as food delivery and ride share services as roughly 28,000 in total.

The expected revisions to the two statues will likely allow for:

  1. A minimum wage of 120% of the provincial basic minimum wage for the “engaged time”. This term will refer to the time from the acceptance of the assignment to its completion. Tips will be not be included in measuring the compensation paid.
  2. The creation of a “compensation standard” to assess the costs incurred by the worker for the use of their personal vehicle;
  3. The company will be prohibited from withholding or making offsets on gratuities;
  4. The company must disclose the expected earnings when the assignment is offered and also provide regular statements of earnings;
  5. Allow the workers to be given reasons for suspension or termination and allow for a review process of such decisions;
  6. Require the company to provide written notice of termination or compensation for same, absent just cause.
  7. Provide workers’ compensation coverage for such workers;

There apparently is no intent to include provisions for overtime pay, vacation compensation, or statutory leaves.