'We need stronger enforcement mechanisms and, frankly, we need an end to misclassification'
The Canadian Freelance Union – representing about 200 freelancers – is looking to help people who have been victims of labour violations.
That mandate is even more important now when layoffs abound in industries that use freelance workers, such as media, communications and creative sectors, said Nora Loreto, president of the union, in a CBC report.
"It means that there's a lot more people who are working freelance, there's a lot fewer people who are on salary, there's a lot fewer people who have health benefits and who have job stability," she said.
"But we can't do it alone. I mean, this is where we need really strong labour laws and we need stronger enforcement mechanisms and, frankly, we need an end to misclassification."
More needs to be done, said Michael Lynk, a recently retired associate law professor who specialized in labour at Western University in London, Ont., in the CBC report.
"We need to have probably stronger investigative powers going to employment standards offices in the provincial ministries or the federal ministries of labour across this country," he said.
Also, creating an environment where unions representing gig and freelance workers can exist throughout the workforce can balance the "lopsided seesaw" that's currently in place between employers and employees, Lynk said.
"In this... economy, employees really only have rights that are measurable by their collective voice as opposed to their scattered individual voices.
"The law is really basically playing checkers when corporations, through the use of technology, are playing chess," he said.
In the US, the California Supreme Court recently ruled that Uber must face a lawsuit filed by an UberEats driver back in 2019 claiming that the company misclassified UberEats drivers as independent contractors rather than employees.
In April, the Northwest Territories government looked for public feedback on different labour topics, including the protection of gig workers and “dependent contractors”.
Currently, the federal government is currently deliberating consultations with people in the labour sector on plans to implement more protections for gig workers.
"We continue to consider this feedback that will inform our ongoing efforts to build a uniquely Canadian federal solution for gig work labour protections that meets Canada's and Canadians' needs," the office of the Minister of Labour of Canada said in an email to the CBC.
It also pointed out that workers can file complaints with the federal labour program.
Nine in 10 employees plan to continue their “gig jobs” until retirement, according to a previous report.
