# TWU wants Uber to provide sick leave, health cover and hand sanitiser



## Jack Malarkey (Jan 11, 2016)

ABC Radio National, Australia

https://abcmedia.akamaized.net/rn/podcast/2020/03/bst_20200305_0824.mp3
Tech with Ariel Bogle

On RN Breakfast with Fran Kelly

Businesses around the country are drafting work-from-home contingency plans in case the novel coronavirus outbreak worsens in Australia.

But people who work in the gig economy, like Uber drivers or riders for Deliveroo, don't have that option.

Now, the Transport Workers' Union is urging Uber to offer workers sick leave and health cover, as well as practical basics like hand sanitiser, to cope in the outbreak.

Producer: Ariel Bogle

Duration: 5 min 35 sec
Broadcast: Thu 5 Mar 2020, 8:24 am

(https://www.abc.net.au/radionational/programs/breakfast/tech-with-ariel-bogle/12027134)


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## The Source (Nov 27, 2018)

uber providing sick leave, annual leave, health cover and hand sanitiser haha tell em they're dreamin.


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## DA08 (Mar 18, 2017)

The Source said:


> uber providing sick leave, annual leave, health cover and hand sanitiser haha tell em they're dreamin.


If any of the drivers want all this benefits then go apply for employment... Only fools accept a contract job as contractor then expects employee benefits.. M


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## Wild Colonial Boy (Dec 26, 2019)

The TWU is just making noise to show that it is still a relevant organisation. Like most unions they battle irrelevancy, and losing. There are a lot of workers who are employed on a contract basis and fall outside employment benefits. Cab drivers (at least when I drove in the 70s) were classed as ‘bailees’ and considered to be an independent contractor. They’re dreaming.


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## UberDriverAU (Nov 4, 2015)

Wild Colonial Boy said:


> Cab drivers (at least when I drove in the 70s) were classed as 'bailees' and considered to be an independent contractor. They're dreaming.


You're confusing a couple of concepts there. Bailees are those who have possession and use of something they do not own. In this example a taxi. A bailee taxi driver is self-employed. It's also possible to be a bailee and an employee in other circumstances.


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## Wild Colonial Boy (Dec 26, 2019)

UberDriverAU said:


> You're confusing a couple of concepts there. Bailees are those who have possession and use of something they do not own. In this example a taxi. A bailee taxi driver is self-employed. It's also possible to be a bailee and an employee in other circumstances.


I don't really follow your line of reasoning. I only quoted bailee in the context of taxi drivers. Whilst I don't doubt your wisdom about other types of bailees, it is irrelevant.


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## The Source (Nov 27, 2018)

DA08 said:


> If any of the drivers want all this benefits then go apply for employment... Only fools accept a contract job as contractor then expects employee benefits.. M


Has anyone cared to ask the TWU what happens if they get their way and drivers are classified as employees rather than contractors? Do they know ants drive for as many as 4 rideshare companies and if so, do the TWU expect all the rideshare companies ants work for to pay sick leave, annual leave, superannuation etc?


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## Jack Malarkey (Jan 11, 2016)

The radio program segment in the original post as an article:

ABC Science
By technology reporter Ariel Bogle

https://www.abc.net.au/news/science...utbreak/12022072#lightbox-content-lightbox-21
Gig economy workers fear livelihoods, customers at risk during coronavirus outbreak

Key points

Gig economy workers are anxious about the impact of the COVID-19 outbreak on their health and income

Riders and drivers for companies like Uber and Deliveroo typically do not get sick leave
The Transport Workers' Union wants Uber to offer workers sick leave and health cover, as well hand sanitiser

As COVID-19 spreads in Australia, the people who drive us home and courier our food say they are unsure how to best protect their health, the health of their customers and their income.

"Pretty much, everyone in the industry is scared about the coronavirus," he said. "And of course if you don't go to work, in this kind of arrangement ... you don't make money."

Because John's not employed by the companies he rides for, he's not entitled to paid sick leave. He isn't an Australian citizen either, and so doesn't have access to Medicare.

In response to concerns raised by the outbreak, the Transport Workers' Union (TWU) this week called for Uber to offer workers sick leave and health cover, as well as practical basics, like hand sanitiser.

But if the Government mandates a wider shutdown of public spaces and workplaces, it's unclear what will happen to these workers.

"There's no telecommuting. If you do not work, you do not get paid," said Sarah Kaine, associate professor at the University of Technology Sydney (UTS) Business School.

"All of the risk associated with their work, they hold ... [gig companies] get the benefit of the work of these people, but don't have any responsibility."

Whose responsibility?

Peta*, who drives for Uber, said fears about the virus have already created awkward situations with customers.

Once she asked a woman who was clearly sick to sit in the backseat, rather than the front - all the time worrying that the passenger could give her a bad rating for having done so.

"Juggling my need to protect myself against the rating score I might get," she recalled.

"It's not just droplet spray from people coughing&#8230; we have people vomiting in our cars, incontinent in our cars."

TWU national secretary Michael Kaine said workers are anxious and haven't been given enough guidance from gig economy companies.

In a letter, he asked Uber to launch a plan to provide workers with statutory sick leave and health cover and to suspend its rating system during the virus outbreak so workers aren't penalised for taking steps to protect their health.

Mr Kaine said he's also worried the lack of support for gig economy workers could become a public health risk - both for the workers, and the people with whom they interact.

"If companies don't have the responsibility or side step &#8230; sick leave or medicals, workers will work while they're sick, they have no option," he said.

Gig economy work is praised for its flexibility, and the industry could see a boom as more people stay home, but UTS' Dr Kaine said the downside becomes apparent in these circumstances.

People may just keep working, even if they feel ill. Otherwise, they have no income and no back-up.

Under work health and safety laws, employers are required to ensure the health and safety of those in the workplace, which typically includes casual employees and contractors.

But it's still unclear what specific obligations gig economy companies owe their workers during this health crisis. Safe Work Australia said it cannot comment upon testing or treatment of workers.

Who pays?

Several Uber drivers said they had not heard anything from the company so far about the outbreak, but Uber said it contacted drivers in late January with information from Australian health authorities, and more will be sent this week.

A spokesperson said the company had formed a "dedicated global team" of Uber operations, security and safety executives, guided by the advice of a consulting public health expert, to respond in each market.

On Tuesday evening, Deliveroo sent an email advising workers to regularly wash their Deliveroo kit and inform the company if they have tested positive for the virus, among other instructions.

A Deliveroo spokesperson also said it would be offering free hand sanitisers to all riders over the coming weeks.

But access to healthcare remains an issue: Many gig economy workers are in Australia on temporary visas, and typically aren't eligible to access Medicare.

It's also unclear what role the state and federal governments will play.

New South Wales, for example, will waive payment and debt recovery procedures for ambulance transfers of people suspected to have COVID-19 infection.

"These arrangements have been put in place to ensure payment issues are not a barrier for people from overseas with respiratory symptoms seeking early medical advice," said Kimberley Ramplin, a spokesperson for NSW Health.

Tony Brownbill, who drives for Uber and Ola in Adelaide, said he's concerned because a lot of his work involves driving people home from the airport - which could include travellers who have been in countries where the outbreak is more severe.

He hopes passengers won't be taken aback and give bad ratings if drivers turn up in a mask or take other steps to protect themselves.

But most of all, he hopes the Government will look at the human impact of the outbreak.

"Issue some assurances to people that aren't exactly flush with money," he said.

"If you can't go to work and you can't get an income, that your lights will stay on, your gas will stay on, that you won't have to pay your rent while we get through this period."

*Names have been changed.


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## UberDriverAU (Nov 4, 2015)

The Source said:


> Has anyone cared to ask the TWU what happens if they get their way and drivers are classified as employees rather than contractors? Do they know ants drive for as many as 4 rideshare companies and if so, do the TWU expect all the rideshare companies ants work for to pay sick leave, annual leave, superannuation etc?


Even if ants are properly considered to be employeed, it's likely that most would be considered casuals due to the ad hoc nature of the work, therefore they wouldn't be entitled to leave anyway. All ants should be getting super imho, regardless of their employment status.



Wild Colonial Boy said:


> I don't really follow your line of reasoning. I only quoted bailee in the context of taxi drivers. Whilst I don't doubt your wisdom about other types of bailees, it is irrelevant.


Whether you're a bailee or an owner-driver isn't relevant to whether or not you're properly considered an independent contractor or employee.


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## Wild Colonial Boy (Dec 26, 2019)

Employment law obviously isn’t your strong suit.


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## The Source (Nov 27, 2018)

UberDriverAU said:


> Even if ants are properly considered to be employeed, it's likely that most would be considered casuals due to the ad hoc nature of the work, therefore they wouldn't be entitled to leave anyway. All ants should be getting super imho, regardless of their employment status.


So for ants driving for all of uber, ola, didi and bolt.. who pays ants their super?

Will all 4 companies have to pay super to every ant who's signed up as an active driver with them?


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## UberDriverAU (Nov 4, 2015)

The Source said:


> So for ants driving for all of uber, ola, didi and bolt.. who pays ants their super?
> 
> Will all 4 companies have to pay super to every ant who's signed up as an active driver with them?


If you earnt through any given rideshare company, then they would have to also pay you super. No earnings, no super. It's 9.5% extra, so it would not need much of an increase in rates to cover the additional payments.


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## Senti-Ant (Jan 17, 2020)

The Source said:


> Has anyone cared to ask the TWU what happens if they get their way and drivers are classified as employees rather than contractors? Do they know ants drive for as many as 4 rideshare companies and if so, do the TWU expect all the rideshare companies ants work for to pay sick leave, annual leave, superannuation etc?


I notice that It's a common assumption that basic worker rights are only owed to PAYG employees, but what is the basis for this really?. The TWU has successfully negotiated penalty rates and numerous other rights for CONTRACT truck drivers ensuring they get appropriate compensation and conditions for their work, and might well do the same soon for the food delivery section of the gig economy...


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## Waingro (Aug 29, 2016)

When this crisis is over there will be a lot of questions in regards to the GIG economy. This virus only needs to mutate in 12 months time and could be with us for a while.


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