Uber Drivers Say BC Gig Work Protections Fall Short

Kuljeet Singh says it’s only getting harder to drive for Uber, despite B.C. government changes last fall that were supposed to help gig work drivers.

Despite long hours each day active on the app, Singh said, he often spends about 70 hours behind the wheel to scrape together a workweek’s worth of paid time.

“It’s unfair,” he said. “They are like hooligans. Whatever they want, they can do.”

While the province implemented new rules last fall intended to ensure fair pay for app-based gig workers, Singh said they have glaring holes.

Now, as new Labour Minister Jennifer Whiteside promises to take a second look at gig worker protections, some drivers and advocates are calling for the province to close the gaps in its regulations for about 46,000 app-based gig workers in B.C.

The protections, which came into effect last September, included a minimum wage of $20.88 for ride-hailing drivers, not including tips, and an allowance of 35 to 45 cents per kilometre for vehicle costs.

But the minimum wage guarantee covers only “engaged time,” when drivers are actively completing an assigned trip.

They are not paid for the time spent waiting to be connected with a passenger or delivery, which Singh said accounts for large parts of his day.

The changes also provided gig workers coverage under some existing labour laws, including access to WorkSafeBC benefits for on-the-job injuries.

But drivers are excluded from Employment Standards Act provisions on vacation pay, statutory holiday and most overtime laws, except that employers must not have drivers work excessive hours.

SkipTheDishes, Fantuan, Lyft and DoorDash did not respond to requests for comment.

Keerthana Rang, the Canada communications lead for Uber, said the company is fully compliant with the province’s gig worker laws and ensures workers make minimum wage.

“The new benefits and protections ensure that if drivers earn less than the guaranteed minimum... Uber will top up their pay,” Rang said in an email.

“The guarantees exclude tips and are just a minimum, which means drivers still have the opportunity to earn more than that.”

Rang said that since the regulations came into effect, Uber sends drivers weekly statements breaking down where the money customers were charged went, including the amounts that Uber keeps.

A Labour Ministry spokesperson said the regulations address the needs of the app-based workers while maintaining the ride-hail and delivery services that many British Columbians rely on.

The spokesperson added that the legislation guarantees workers more predictable wages and increases pay transparency.

Labour Minister Jennifer Whiteside’s mandate letter asks her to ensure gig worker protections are delivering the intended outcomes. But it’s not clear how a review will be conducted, or when.

“The Ministry of Labour continues to monitor feedback we receive on how the rules are working for workers and companies,” the ministry spokesperson said. “More details on how the protections will be reviewed are currently being developed.”

For drivers, the limits on minimum wage protection to engaged time are a critical problem, as they often spend long periods waiting for an assignment.

Sussanne Skidmore, president of the BC Federation of Labour, said the organization hears from many drivers spending more than 10 hours on the road with much of the time unpaid.

“Nobody should be doing that,” she said. “That’s outrageous, and it’s unsafe.”

While some apps now show a driver their wages and vehicle allowance on a weekly basis, Skidmore hopes the province can refine its pay transparency regulations for platforms so drivers can see a breakdown of each trip’s fare.

She added that more transparency can prevent apps from using algorithms to optimize profits while minimizing drivers’ wages.

Skidmore said she’s pleased to hear the province will review gig worker protections.

“The industry needs to be regulated, and those regulations need to not leave workers behind,” she said.

Véronique Sioufi, a Canadian Centre for Policy Alternatives researcher who has studied gig work and equity issues, said she’s happy to hear the rules are getting a second look.

She said it’s not fair to leave drivers and delivery workers out of certain sections of the Employment Standards Act, including eligibility for sick days and overtime pay. The issue of engaged time is very concerning, Sioufi added.

“A barista doesn’t just magically appear at the coffee shop right when a customer comes to the door,” she said. “They need to be there keeping the coffee shop ready for when customers come. It’s the same thing being able to work delivery.”

While the mandatory minimum wage of $20.88 is higher than the provincial minimum wage of $17.40, Sioufi said the 20 per cent difference is not enough to cover the time drivers spend waiting for paying jobs.

She estimates about 60 per cent of drivers’ time on ride-hailing apps is unpaid. She added it’s unclear if drivers or delivery people have access to workers’ compensation only if they are injured during engaged time.

“[These platforms’] business relies on the presence of workers on the road on an ongoing basis,” Sioufi said. “So workers’ compensation should cover all of that time that they’re driving around waiting for assignments.”

Back on the road, driver Singh said he’s hopeful the new labour minister will listen to ride-hailing drivers’ needs while reviewing the rules.

“It doesn’t make any sense, this legislation. We need a change,” Singh said. “We are struggling every day.”

Isaac Phan Nay is The Tyee’s labour reporter.