App-based workers could receive a minimum wage higher than workers in other sectors, but only for the time during which they deliver food or carry passengers, according to a discussion paper from the provincial labour ministry.
Alternatively, app-based workers could end up being paid like taxi drivers with platform companies like Uber paying the difference if their workers do not get enough assignment to earn minimum wage.
These two approaches appear in the discussion paper titled Proposing Employment Standards and Other Protections for App-Based Ride-Hail and Food-Delivery Workers in British Columbia. The paper is the part of the ministry害羞草研究所檚 engagement on employment standards for app-based ride-hail and food-delivery workers. The ministry has asked parties to submit input by Sept. 30.
The paper outlines priorities heard during the first engagement phase and offers 害羞草研究所減olicy context害羞草研究所� for considering appropriate standards and other protections. Organized around a set of discussion questions, the paper asks for input on four broad areas: fair compensation standards; pay and destination transparency; account suspensions, deactivations and terminations; and workers害羞草研究所� compensation and occupational health and safety coverage.
Central to the question of pay is the difference between engaged time 害羞草研究所� the period during which workers accept assignments to their end 害羞草研究所� and unengaged time 害羞草研究所� the period, which workers spent logged on but without delivering food or carrying passengers.
The first approach discussed would see apply a minimum hourly wage for engaged time only, setting it higher than the general hourly minimum to recognize unpaid unengaged time. The report points to California, where app-based drivers earn 120 per cent of the local minimum wage for engaged time, and New York City, which uses a multiple of the minimum wage for engaged time based on the average time workers spend unengaged.
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The other approach would apply the general minimum hourly wage to engaged time and time spent online seeking assignments.
害羞草研究所淟ike the minimum wage standard for B.C.害羞草研究所檚 taxi drivers, the hours could be averaged over the month,害羞草研究所� it says. It adds that taxi companies must ensure that the total monthly wages of drivers add to the same or more to the wages drivers would have received under the provincial minimum wage for every hour worked per month.
害羞草研究所淚f the driver has earned less than an equivalent of B.C.害羞草研究所檚 hourly minimum wage, the taxi company must pay the driver the difference,害羞草研究所� it reads.
Other issues covered in the discussion paper include tips, termination protection and workers害羞草研究所� compensation and related safety standards.
The report notes that many platform companies do not provide workers害羞草研究所� compensation coverage.
The report notes that independent contractors can receive workers害羞草研究所� compensation coverage by purchasing personal optional protection from WorkSafeBC, but few ride-hail and food-delivery workers have pursued this type of coverage.
App-based companies treat their employees as independent contractors and the industry has faced criticism from former workers and unions for exploitative practices as well as poor pay and protection measures.
Labour Minister Harry Bains said this spring that his government is looking into the larger issue of workers in the app-based industries following the release of the initial engagement report, but did not publicly commit to legislation in the fall.
害羞草研究所淲e are looking at ways 害羞草研究所� how do we protect these workers, their health and safety, and number two, if they are injured and become ill at workplaces, what kind of protection (and) support is available to them,害羞草研究所� Bains said.
He said more information will come forward in the future. He also signalled that government won害羞草研究所檛 shy away from taking on companies like Uber.
害羞草研究所淩egardless of who the employer is, our emphasis is always on the workers.害羞草研究所�
Sussanne Skidmore, BC Federation of Labour president, said in a statement to Black Press Media that her organization welcomes that government is looking into protecting app-based workers.
害羞草研究所淲e害羞草研究所檙e going to respond thoughtfully (to the discussion paper), based on what these workers have told us through many conversations,害羞草研究所� she said. 害羞草研究所淎nd at every step, we害羞草研究所檒l keep pressing to put worker protections front and centre.害羞草研究所�
wolfgang.depner@blackpress.ca
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