New Protections for Gig Workers

Update by Erin Brandt, Cofounder

On September 3, 2024, new laws came into effect in BC to protect app-based ride-hail and delivery services workers (i.e. workers providing rides or food through third-party apps).

While these jobs outside traditional employment have provided independence and flexibility, until recently they were considered independent contractors with little to no basic employment protection.

Workers Compensation Act

The definition of “workers” within the BC Workers Compensation Act now specifically includes ride-hail and delivery services workers, which means these workers are now protected by workers’ compensation coverage through WorkSafeBC with respect to workplace safety and in the event of a workplace injury.

Employment Standards Act

The amendments to the BC Employment Standards Act (the “ESA”) provide that app-based ride-hail and delivery services workers are now considered “employees” for the purpose of receiving certain minimum employment standards under the ESA. Most significantly, these gig workers are now entitled to:

• Minimum wage of $20.88 for “engaged time”, i.e. from when the worker accepts a platform work offer and begins the assignment until the assignment is completed or cancelled

• Protections against suspension & termination from the platform without notice

• At least $0.45 per km for ride-hail workers using a motor vehicle and at least $0.35 per km for delivery service workers using any form of transportation (other than travelling on foot).

Notably, these gig workers are still not entitled to overtime pay, statutory holiday pay or vacation pay.