The riders’ group Kapatiran sa Dalawang Gulong (Kagulong) on Friday asked the Department of Labor and employment to start formulating, in consultation with riders/drivers, labor groups and other stakeholders, rules on digital based labor platform to protect the rights of gig workers and promote their better working conditions.
The call was made in view of the latest report (World Employment Outlook) published by the International Labor Organization (ILO) which placed the Philippines second to India in terms of volume of outsourced jobs performed by workers in digital labor platforms in developing countries.
Said outsourced jobs come mostly from Australia, Canada, Germany, New Zealand, the United Kingdom and the United States.
“Our group is very much mindful of this development since many of our members are into this work or have been engaged with many of these digital platform jobs. Thus, we are aware of their stories, income opportunities, as well as the hazards of being self-employed and freelancers in the company-controlled platform,” said Kagulong in a statement sent to the media.
The ILO noted that app-based or online jobs could have increased during the pandemic when people seek available employment online. But having this kind of job, said the ILO exposes workers to substandard working conditions, such as having irregular work and income.
“Half of online platform workers earn less than US$2 per hour. In addition, some platforms have significant gender pay gaps,” ILO said, adding gig workers also suffer from lack of access to social protection, freedom of association and collective bargaining rights, as well as long and unpredictable working hours.
The ILO attributed these problems to the terms and service agreement of online job platforms, which it noted is “blurring the previously clear distinction between employees and the self-employed.”
Kagulong completely agrees with the ILO findings, saying that in one food delivery company, bookings, and dispatches are completely controlled forcing riders under time pressure to face road hazards. There is also a case now where an LGU requires self-employed drivers to apply for business permits before they can be allowed to hit the road and use the platform.
“There are mounting issues that need to be addressed in this rapidly growing industry and it is very disappointing to see workers in modern digital platforms perform jobs under substandard if not inhumane conditions,” lamented Kagulong.
The group said it is the duty of the government, specifically DOLE, to protect workers in this sector by coming up with rules defined through negotiations between labor and employers in contrast to the app-based rules imposed arbitrarily by industry owners.
Riders of Food Panda has brought their issues before the DOLE in November last year, but the management reportedly refuses to attend a scheduled conference.
Earlier this week Kagulong greeted with enthusiasm the British Supreme Court’s decision declaring Uber drivers as workers. The landmark decision has finally settled a legal battle between the giant ride hailing up and two of its workers who brought the issue before the court in 2016 on whether they should be treated as workers of the company or as self-employed.
According to a BBC news, the British Supreme Court considered several elements in its judgement:
1. Uber set the fare which meant that they dictated how much drivers could earn
2. Uber set the contract terms and drivers had no say in them
3. Request for rides is constrained by Uber who can penalise drivers if they reject too many rides
4. Uber monitors a driver's service through the star rating and has the capacity to terminate the relationship if after repeated warnings this does not improve
As an organized rights-based riding community, Kagulong has been receiving complaints from fellow riders working in different companies. Common among these complaints, similar to what the Court has resolved, is their imposed status as “independent contractors,” and the way hailing app exercises control over the performance of their jobs.
Kagulong called on riders/drivers from different companies to welcome this decision and organize themselves into a union or workers’ association to be able to defend their rights and secure better working conditions in the gig economy
Kagulong
26 February 2021
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