Another delivery rider was killed over the weekend. The death has renewed debate over whether gig economy workers have enough workplace rights
Over the weekend, UberEats rider Bijoy Paul became the fourth food delivery rider to be killed on Australian roads in the past three months.
While employees are guaranteed compensation for workplace injuries, independent contractors, like Paul and most other gig economy workers, don’t have such a right.
What’s the difference between an employee and an independent contractor?
When you agree to work for someone, you’re either an employee or an independent contractor. Most people are employees. But the law has an independent contractor category to give more flexibility to workers and bosses whose relationship doesn’t fit neatly into the traditional employer-employee system.
Employees are guaranteed some basic rights, like the minimum wage, leave and superannuation. In exchange, their employer has more control over when and how they work.
Independent contractors are not guaranteed any basic rights. In exchange, they have a lot more control over how they work - most importantly, they can work for several employers at once.
So what rights do food delivery riders have?
In recent years, the courts have declared gig economy workers to be independent contractors. In these key test cases, judges have said that while it’s a close call, because food delivery riders bring their own ‘tools’ to work - that is, their bikes or cars - and because they have the option to work for several different food delivery services, they’re independent contractors.
But unions have been calling for Federal Parliament to change laws to ensure food delivery riders have more workplace rights, like a minimum wage and a guarantee they will be compensated if injured.
“Riders are being put onto bikes with no training or protective gear, they are working our streets day and night for little pay… This is an utter disgrace and the Federal Parliament is refusing to hold companies to account for flouting our standards and allowing workers to die without protections.”
Transport Workers Union National Secretary Michael Kaine on Sunday
“Our hearts go out to the family and friends of Bijoy Paul who died in hospital following a road accident on Saturday… Throughout the weekend our law enforcement team engaged with New South Wales Police to offer our full assistance and notified SafeWork NSW.”
An Uber spokesman on Sunday