Gig Workers

Last updated on September 3, 2024

ride-share passenger using an app to rate the driver

All workers deserve protections, no matter what they do. Gig workers – including app-based ride-hail and delivery services workers – deserve to be treated fairly, just like all other workers in our province.

B.C.'s employment laws should reflect the needs of modern workplaces.

People in B.C. have embraced app-based ride-hail and delivery services. Customers enjoy the convenience of these services, while workers value the flexibility that this type of work offers, such as being able to log on and off apps to work when they want.

Regulations for app-based ride-hail and delivery services workers

The economy and workforce have shifted dramatically in B.C., just as they have around the world. The gig economy – with more independent, flexible and temporary jobs, often through online or app-based platforms – has grown and become mainstream.

After significant engagement with app-based ride-hail and delivery services workers, platform companies, labour organizations and others, the Government of B.C. has regulations to ensure minimum employment standards and other protections are in place in this sector.

On November 20, 2023, Government introduced amendments to the Employment Standards Act and Workers Compensation Act to implement these solutions. The amendments enabled the development of regulations establishing basic employment standards and workers’ compensation protections for this sector. For more information, see the November 16, 2023 and November 20, 2023 news releases.

Engagement with platform companies, app-based ride-hail and delivery services workers, and other stakeholders continued through the regulation development process.

On June 12, 2024, new regulations were announced.

On September 3, 2024, the new regulations came into effect.

Gig Work

Gig work includes paid work outside of traditional employment and includes app-based ride-hail and delivery services. When you order a ride or food through a third-party app, these are the people doing that work. It's an appealing option for workers who want independence and the flexibility to set their own hours.

Precarious Work

There is no universal definition of precarious work, but here in B.C. we see precarious work as being work that is often marked by low pay, little security and few -- if any -- basic employment standards. It can include part-time, casual, temporary and seasonal workers whose hours are not guaranteed. Gig work can be considered precarious work.

Independent Contractors

Here in B.C., most workers are eligible for the benefits and protections established by the Employment Standards Act (ESA), such as minimum wage, overtime, and statutory holiday and vacation pay. Independent contractors are not employees under the ESA, so they are not subject to the statutory employment standards. Workers with questions around how the ESA applies to them can visit the Employment Standards Branch website.

If a complaint is filed and the Employment Standards Branch (ESB) is asked to determine whether a worker is an independent contractor or employee, the ESB will look at the specific circumstances of the situation as well as the relationship between the two parties.

Calling a person an independent contractor, even if the worker agrees, does not decide the issue. The ESB makes the determination of whether a worker is an employee based on the requirements of the ESA, including its definitions of “employee”, “employer” and “work”. If there is disagreement with the decision, the matter can be appealed to the independent Employment Standards Tribunal.

Summer/Fall 2023 Engagement

The Ministry of Labour developed a discussion paper: Proposing Employment Standards and Other Protections for App-Based Ride-Hail and Food-Delivery Workers in British Columbia. Released August 3, 2023, this formed the basis of the most recent round of engagement considering potential minimum standards and protections for these workers.

The discussion paper outlined the priority concerns heard during the initial engagement and provided the context for considering appropriate employment standards and other protections for the sector. It also set out questions for comment regarding the following priority issues:

Fair compensation standards
Pay and destination transparency
Account suspensions, deactivations and terminations
Workers' compensation and occupational health and safety coverage

The Ministry welcomed feedback and perspectives on the questions and priority issues posed in the discussion paper until September 30, 2023. This engagement included listening to the concerns of gig workers at worker roundtable discussions. This phase of engagement is now closed.

Fall 2022 Engagement

In fall 2022, the Ministry of Labour began an engagement to identify the benefits and challenges of app-based ride-hail and delivery services work. Platform companies, labour and business organizations, academics, and others were invited to take part in virtual meetings. There were worker-only roundtable discussions in several B.C. communities, and a public survey focusing on app-based ride-hail and delivery services workers was conducted online. Results of that engagement were compiled into a What We Heard Report.

Workers' Compensation

B.C.’s workers’ compensation system provides no-fault compensation benefits for work-related injuries, diseases, mental health disorders and fatalities. For independent contractors, WorkSafeBC, which is responsible for the Workers Compensation Act (WCA), offers the option of purchasing Personal Optional Protection, so that independent contractors can have workers’ compensation coverage.

For questions regarding workers’ compensation coverage, please contact the Assessment Department.

Amendments to the WCA that were introduced on November 20, 2023 ensure that ride-hail and delivery services workers are considered to be “workers” specifically for the purposes of the WCA. Now workers’ compensation coverage from WorkSafeBC will be extended to these workers whether they are employees or independent contractors under any law.

For help with a WorkSafeBC claim, contact the Workers' Advisers Office

Employment Standards

The law in B.C. sets standards for payment, compensation and working conditions in most workplaces. The standards promote open communication, fair treatment and work-life balance for employees.

The amendments to the Employment Standards Act (ESA) provide that app-based ride-hail and delivery services workers will be considered "employees" specifically for the purposes of the ESA. This ensures that the specified employment standards apply to these workers, whether they are employees or independent contractors under any law.

To protect the flexibility that workers value, and to address their top priorities, certain employment standards under the ESA now apply to these workers: alternate standards designed to specifically address the unique needs of the app-based ride-hail and delivery services sector have regulations. Some of the ESA's existing provisions do not apply. To learn more, read the related November 16, 2023 news release.

Email us about gig work

precariousworkstrategy@gov.bc.ca

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The B.C. Public Service acknowledges the territories of First Nations around B.C. and is grateful to carry out our work on these lands. We acknowledge the rights, interests, priorities, and concerns of all Indigenous Peoples - First Nations, Métis, and Inuit - respecting and acknowledging their distinct cultures, histories, rights, laws, and governments.