Employment Law

Uber proposes benefit fund for gig-workers

A headshot of Toronto employment lawyer Lior Samfiru next to the logos for Samfiru Tumarkin LLP and radio station 640 Toronto.

Uber Canada has proposed to provincial governments new regulations that would ensure Uber workers would be offered benefits and other protections. This proposal is an extension of Uber’s argument to ensure drivers continue to work flexibly and without the classification of “employee”.

Lior Samfiru, an employment lawyer at Samfiru Tumarkin LLP, speaks with Jeff McArthur on Global News Radio’s 640 Toronto on the new proposal and the ongoing class-action lawsuit against Uber.

What They Discussed

What changes is Uber proposing?

Uber Canada is trying to create a third category between employees and independent contractors, in which individuals can have benefits like an employee but would still not be classified as one.

Is this proposal enough for Uber drivers? Will they accept the changes?

While benefits are a definite plus for Uber drivers, other elements such as vacation pay, severance, minimum wage, etc, will have more of a significant impact.

Is Uber’s proposal over-reaching as it involves proposing changes to the labour code?

This new proposal is not common; laws do not usually adapt to how employers and companies operate. Uber has refused to abide by employment laws in classifying employees and denying drivers their basic rights.

Is Uber trying to create a new classification for app-based employees?

The concept of app-based employees is new and has not been used prior to this ongoing conflict with Uber. Ultimately, the existing categories of contractor and employee are broad enough that can appropriately encompass employees who work for app-based companies.

Has Uber announced this proposal in countries other than Canada?

Uber has raised this issue in the United States as well and in California in particular.

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