For Uber eats
- Thread starter Akcent
- Start date
No, this won't give you a path to PR.
If you want a path to PR, you will want to find a job that is NOC A, B or 0 skill level.
Hello Everyone,
1. I am a permanent resident of Nova Scotia, Canada from 2019 and a valid NS Class 5 drivers license valid till September 2025.
2. Having struggled for a year in the Canadian job market during a pandemic period, I decided to apply for delivery services like UberEats. After processing for almost 2 months, I got UberEats activated but observed only few deliveries 1-2 max per day and the per delivery pay is only $3-4.
3. As I learned Uber rides also started its services in Halifax in December 2020, I inquired with the Uber Support and I was told that I am eligible for UberX. Accordingly, I followed their in-app process, spent my time, money and energy to get all the documents viz. RCMP background check, RMV Driver's extract, Child Abuse registry check etc.
4. I noticed that the Uber support team rejected my driver's extract a couple of times. On enquiring, I was told that the Driver needs to have three years experience. On checking Uber.com-(https://www.uber.com/ca/en/drive/requirements/?city=halifax), I found that it only requires driver's to have 3 years of experience (It doesn't specify that the experience has to be local-NS, Canada). However, Uber Support clarified that Driver needs to have local driving experience.
5. I found this condition of three years of Canadian experience discriminatory in nature, so I checked the Canada Human Rights Act to double-check. In Summary-
Having gone through above, can anyone help me understand/ evaluate whether Uber Canada is allowed by the law of Canada to impose such conditions requiring permanent residents/ newcomers to have three years of Canadian experience, and discriminate against them although they are otherwise qualified to do the job?
Thanks!
1. I am a permanent resident of Nova Scotia, Canada from 2019 and a valid NS Class 5 drivers license valid till September 2025.
2. Having struggled for a year in the Canadian job market during a pandemic period, I decided to apply for delivery services like UberEats. After processing for almost 2 months, I got UberEats activated but observed only few deliveries 1-2 max per day and the per delivery pay is only $3-4.
3. As I learned Uber rides also started its services in Halifax in December 2020, I inquired with the Uber Support and I was told that I am eligible for UberX. Accordingly, I followed their in-app process, spent my time, money and energy to get all the documents viz. RCMP background check, RMV Driver's extract, Child Abuse registry check etc.
4. I noticed that the Uber support team rejected my driver's extract a couple of times. On enquiring, I was told that the Driver needs to have three years experience. On checking Uber.com-(https://www.uber.com/ca/en/drive/requirements/?city=halifax), I found that it only requires driver's to have 3 years of experience (It doesn't specify that the experience has to be local-NS, Canada). However, Uber Support clarified that Driver needs to have local driving experience.
5. I found this condition of three years of Canadian experience discriminatory in nature, so I checked the Canada Human Rights Act to double-check. In Summary-
- The Canadian Human Rights Act prohibits any kind of condition that restricts employment or work to newcomers/ permanent residents of Canada.
- If the Uber policy is intended drivers to have three years driving experience in Nova Scotia, it essentially means the newcomers even after having Full valid NS driver's license
- Having researched, I noticed there are several case laws, recent being in Ontario wherein the Human Rights Tribunal allowed refugees to be exempted from One year waiting period to get the full G License if they can produce a driving license from their home country which is valid for at least two in the last three years (Read: Link).
Having gone through above, can anyone help me understand/ evaluate whether Uber Canada is allowed by the law of Canada to impose such conditions requiring permanent residents/ newcomers to have three years of Canadian experience, and discriminate against them although they are otherwise qualified to do the job?
Thanks!
Hi
2. It is not discriminatory if the same requirement applies to every prospective employee.
1. Employer can probably set whatever qualifications that it wants. A person moving to NS to work for Uber would require 3 years local experience.
2. It is not discriminatory if the same requirement applies to every prospective employee.
I don't think you have understood the Canada Human Rights Act properly then. It prohibits employer to ask for Canadian experience when he has relevant international experience OR put any such condition that discriminates PRs/ newcomers to other Canadians/ Citizens/ PRs having 3 years or more exp. Look at the example given by Commission itself: (http://www.ohrc.on.ca/en/iii-principles-and-concepts/3-grounds-discrimination-definitions-and-scope-protection)
Example: An employer’s job advertisement lists “Canadian experience” as a requirement. This excludes a number of immigrants and refugees from consideration. Such a requirement may constitute discrimination because it has a negative impact on people who may lack "local" experience due to citizenship or other Code grounds such as race, place of origin or ethnic origin, although they are otherwise qualified to do the job.
When Uber denies registration on the basis of 3 years local experience is nothing but asking new PRs to have Canadian Experience. Interestingly, the NS authorities very well look at the international driving experience and waive the requirement of undergoing Graduate Driving License Program.
No. It is not discriminatory. 3 year rule also applies to Canadians.
'Experience' is not considered a discriminatory ground under the Human Rights Act:
"Prohibited grounds of discrimination
- 3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered."
Placing reasonable conditions on a job position is well within the employers rights as long as they are applied consistently. As an example, the College of Physicians and Surgeons puts limitations on foreign trained doctors, Nurses can only practice if the pass the Canadian qualifications, Teachers need to meet specific requirements before they can work in their field. Nothing that violates the Charter by requesting 3 years of local experience for a position that expects their employees to transport their customers in the shortest, most effective manner.
You don't have to go by literal meaning of 'discrimination' but the law-legal language. That is the reason I have shared the example given under Law. When newcomers having international driving experience can do the job well in Canada too but are not considered because they don't have experience in Canada, it is discriminatory and prohibited. Employers can put only conditions which are required by the Law not otherwise.
Right. So when employer denies you for not having Canadian Experience, it is actually denial for your international experience-national or ethnic origin in the legal context.
Most importantly, one who is experienced internationally, but don't have local experience would be at disadvantaged position. In fact, no employer can ask newcomers/permanent residents for Canadian Experience. How can that be practically possible for a newcomer? Essentially, one who is driver by profession can only drive Uber after three years of driving in Canada. Law doesn't permit such discrimination.
The other examples could be fine as it is required by the Canadian Law, likewise for certain Government Positions one needs to be a citizen. But, does internationally experienced driver need to have local driving experience and that too when the Uber app itself is driven by their own maps/Google maps which guide them to take shortest possible routes? I don't think it is required under the Law. Law requires one to have DL for which one has taken written test and road test and authority has given license based on the test results.
Well, you’re free to file a HR complaint against them officially. Have at it if you are convinced they are in the wrong, but I think you will find they are within their rights to set conditions for employment.
I have taken it up with the Human Rights Commission, Queens University dealing on the issue and the Premier of the province. Let us see. If you twist and turn rules and regulations so as to promote discrimination then it's against the law. Moreover, while setting the rules they are also skeptical about violating the Law, so nowhere I have found that international experience is not valid, if they put then it's a direct case of discrimination.
Unless driving is considered a defining activity of an ethnic group's culture, I feel you're twisting the meaning of "national or ethnic origin" to mean anything foreign-related. It just means the person can't be discriminated because of his ethnicity. For example, if a company states that they would not hire people if they are of Tibetan, Kurdish, or Punjabi descent, that would be discrimination on the grounds of national or ethnic origin.
You need to see relevant case laws. It is not about twisting. One can ask for relevant experience but not for Canadian Experience. Asking for Canadian Experience is also a discrimination. And if by laws are designed in such fashion should also be challenged because it is systemic discrimination.
I got a response from Ontario - Yes, that is correct. Three (3) year’s total experience. This information will be reflected on the Driving Record Abstract obtained by the Ministry of Transportation.
Can anyone in Ontario share experience whether their Driver's Extract reflect international driving experience as well?