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Uber Appeals Against Ruling that Its UK Drivers Are Workers (theguardian.com)
Uber has launched an appeal against a landmark employment tribunal ruling that its minicab drivers should be classed as workers with access to the minimum wage, sick pay and paid holidays. From a report on The Guardian: The taxi-app company filed papers with the appeal tribunal on Tuesday in an attempt to overturn the October judgment that, if it stands, could affect tens of thousands of workers in the gig economy. The move came as several dozen Uber drivers picketed City Hall on Wednesday holding placards demanding Transport for London, which licences Uber as a private hire operator in the capital, "end sweated labour now." It also mounted a protest at the City of London offices of Salesforce, a US computing company that is a major Uber client. Two Uber drivers, James Farrar and Yaseen Aslam, took Uber to court on behalf of a group 19 others who argued that they were employed by the San Francisco-based company, rather than working for themselves. Uber's business model has been based on treating drivers who log on to its app as self-employed contractors and taking a cut of their fares, which Uber dictates.
Specific working conditions define whether a worker is an employee or is a contractor, and the laws governing such are generally pretty straightforward. How Uber thinks it should be exempt from these rules doesn't make any sense.
Of course they're operating an unlicensed taxi service in violation of passenger livery laws too, so I guess following the law is not something they're especially good at.
Do not look into laser with remaining eye.
Gig economy is a social equivalent of dumping toxic waste into a river. Any company that operates like this deserves what they get.
That's the future - make everyone a contractor. you're only paid when you work. benefits? You're on your own.
Days off? Sure, you don't get paid - AND someone else takes your (route, hours, work, etc...) and good luck getting it back when you come back from vacation, sick leave, etc ...
Oh, and good luck being compensated for the business risk and expenses that companies are pushing on to the worker - er, I mean "contractor". No business, well you don't work and get paid - but we're still gonna pay you like you were an employee. Oh yeah, and it's up to you to keep up your tools and equipment, insurance and everything.
They try to sell it like you're being an "entrepreneur" and "in business for yourself" and "calling your own shots" but the fact of the matter is that your tax status changed - nothing else.
Uber and Lyft and the gig economy is for suckers. But it's gonna be forced on us because too many stupid people fall for it.
The best generic answer is, if you are needing to make a living, and your current job doesn't pay you enough, then use common sense and GET DIFFERENT JOB....
That's excellent advice! I'll share it with my brother, who was laid off when his company moved their infrastructure to some managed cloud thing from Tata, and whose wife lost her job when her hospital outsourced its nursing staff. She put in an application with the contractor hoping to get her job back at about 3/4 of her previous pay, but no dice. I wonder why they didn't just get better paying jobs before they went through foreclosure, moved into a shitty apartment complex where several people have been murdered this year, and he started stocking shelves at Home Depot during the day and driving for Uber at night (leaving him zero time to learn a new skill set, mind you), while my sister-in-law with her ADN/RN waits tables at Outback Steakhouse?
Such idiots they were for not just getting another job!
My brother's gonna be thrilled when I pass along your "One Neat Trick to Financial Stability!" Who knew it could be so easy?
I just looked up this IR35 thing....a UK rule.
Yep.
I just don't get it...WHY are governments so fucking afraid to let people make up their own minds how they want to be employed, what jobs to take and HOW they are compensated for it?
I've done a fair bit of contracting and I'm in favour if IR35.
These laws don't come from nowhere. There's not a panel of MPs sitting round figuring how to screw you just for the hell of it (unless you're poor and the Tories are in power).
Most of the "contracting" was just a tax dodge. If the money is paid to a company, that company can pay dividends (lower tax rate) and there's no national insurance (basically a form of income tax) for the employer to make their contribution too. Additionally, the money can be moved off without taxes since it's just regular business to business stuff.
IOW it's a massive tax dodge most of the time.
The other thing is that employees used to have far fewer rights. We know how it plays out and it turns out those rights are a good thing. And if you want that protection of a company it comes with responsibilities to your employees because the country works better that way. And ultimately since we have a welfare state willing to step in when the proverbial hits the fan so if companies go screwing over employees every other taxpayer ends up on the hook. So wanting to have regular employees but none of the responsibilities is yet more freeloading.
And companies started doing that a lot. Not all, but enough that it became a problem. So the government passed a law that you can't skimp on obligations by playing word games. I think that's reasonable.
SJW n. One who posts facts.