ESDC introduces new resources on Driver Inc. misclassification
As National Trucking Week unfolds, Employment and Social Development Canada (ESDC) is highlighting the trucking industry’s contributions while focusing on the issue of employee misclassification in the sector.
ESDC released new resources designed to help both employers and employees understand their rights and obligations under the Code. These include the ‘awareness kit’ and a video titled “Misclassification: know your rights.”
The resources provide information on what employee misclassification is, how it impacts truck drivers, and how to identify and report it. They also explain the consequences for employers who misclassify workers and clarify the differences between employees in federally regulated industries and independent contractors.
This follows legislative changes that came into force on June 20, aimed at strengthening the prohibition against misclassification by presuming employee status for workers in the road transportation industry, including gig workers. These changes ensure that all workers in the sector can access the full range of protections and rights under the Canada Labor Code, covering industrial relations, occupational health and safety, and labor standards, ESDC reports.
It encourages stakeholders to contact the Labor Program directly at 800‑641‑4049 for more information.
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The government needs to define contractor better and enforce it. ( the current wording does work as stated but some people are just entirely ignorant)
Risk of profit
Risk of loss
Ownership of tools, safety program, all business license, insurance and WCB.
Control of work-defined as direct access to bid loss win situations on every job.
The last two items have been totally twisted with the general lack of understanding on how the code applies to the industry. If you pay ” owner -operators”, and after replaceable costs for truck, trailer, fuel, repairs, maintenance and a true accounting of all hours of service, specifically all the time O/O’s spend on their equipment trying to save cost that is never in the log book, and it’s below minimum wage or the wage you ultimately pay is achievable elsewhere as an employee with zero risk and the full support of the labour program you should be shut down without question. You are providing a disservice to our industry.
Our group is part of a push for drivers to be paid on payroll and graduate drivers permit to get a red seal
We are seeing a lot of pushback by fleets of all sizes as this will increase the cost of the drivers that they hire and increased training costs
With the current surplus of trucks and very low rates I have been told that it is not possible to pay a experience driver a rate to support a family on payroll hourly with overtime. I got many angry calls after the the fed gov is going to reduce the numbers of foreign students to become cheaper truck drivers often as driver inc