Anyone who has had a conversation with an Uber driver about their working conditions in South Africa has heard some harrowing tales.

From the lack of safety (a number of Uber drivers have been badly hurt or killed on the job) to the fact that they have hardly any protection on the work front, it’s a tough profession to be in.

The company gets away with doing the bare minimum when it comes to its drivers because drivers are registered as independent contractors.

It’s the same in the United States, but that has the potential to change following legislation passed on Wednesday by California lawmakers that seek to reclassify many “gig economy” workers from independent contractors to employees ― with additional benefits and protections.

The Huffington Post breaks it down:

The ride-hailing company told reporters Wednesday that its drivers will not be reclassified as employees, even if Assembly Bill 5 is signed into law as widely expected. Tony West, Uber’s chief legal representative, said the drivers will still be considered independent contractors because “drivers’ work is outside the usual course of Uber’s business.”

That’s right – Uber drivers do their work outside of Uber. So, they don’t actually work for Uber? Yeah, I’m confused, too.

West described the company’s business as “serving as a technology platform for several different types of digital marketplaces.”

That’s corporate-speak for “we don’t want to have to care about our employees” in case you’re wondering.

Under the legislation ― which the state Assembly approved on Wednesday and which Gov. Gavin Newsom (D) is expected to sign ― many gig-economy workers stand to gain new labor protections and benefits, like a minimum wage, unemployment and disability insurance, and the right to form a union.

Oh no, we can’t have that. If everyone starts earning a liveable wage, is protected in the case of unemployment and disability, and has the right to protect themselves with a union, there’ll be no living with them.

The legislation clarifies the conditions under which a worker should be considered an employee. It says workers should be treated as independent contractors only if (a) they are “free from the control and direction” of the company that hired them, (b) their work falls outside the usual business of the company and (c) they are engaged in work in an independent business of the same type as the company’s.

Uber claims that its employees drivers pass that test. Sorry, not ‘its drivers’, the drivers. As such, it and other big tech companies lobbied extensively against the legislation. Their companies’ bottom lines would be dramatically affected if thousands of drivers were reclassified as employees for whom they’d then have to pay additional benefits.

Uber and Lyft have repeatedly suggested that drivers wouldn’t enjoy as much flexibility if they were made full employees. The companies have said they could meet some of the workers’ demands by establishing a drivers association and working with lawmakers to commit to things like minimum pay.

Gig Workers Rising called the tech leaders’ proposals “a watered-down version” of the demands drivers have been making for months.

With AB5 now expected to become law, Uber said Wednesday that it is pursuing “several legal and political options,” including a statewide ballot initiative in 2020.

Something’s gotta give.

We’ll be looking out for the international effects of the new law.

[source:huffpost]