The motorcycle riders’ rights group Kapatiran ng Dalawang Gulong
(Kagulong) criticized the recently released labor advisory by the Department of
Labor and Employment (DOLE) on food delivery and courier work. “The DOLE is
engaged in smoke and mirrors. It pretends to do something in the face of platform
work disputes when it actually is not resolving anything by issuing a useless
advisory,” argued Don Pangan, Kagulong secretary-general.
Labor Secretary Silvestre
Bello signed Labor Advisory 14 entitled “Working Conditions of Delivery Riders
in Food Delivery and Courier Activities” on July 23 but it was posted on the
DOLE website only last July 27.
“The DOLE avers in the
advisory that food delivery riders are protected by labor law and their
contracts. On the contrary, the advisory affirms what presently exists—that the
majority if not almost all food delivery riders are considered independent
contractors and thus at the mercy of opaque app policies and algorithms,”
Pangan insisted.
He added that “The ongoing dispute
of Foodpanda delivery riders in Davao emphasizes precisely this point—food
delivery riders are not protected by labor law since they are deemed freelancers
despite the app controlling the means and methods of how they work.”
Kagulong calls on the DOLE to
immediately implement its commitment “To convene a Technical Working Group (TWG) represented by
rider’s groups, trade unions, worker’s organizations and concerned government
agencies to start the research and investigation that would lead to creating
policy standards to protect the gig workers,” Pangan recalled. This commitment
was the result of the pre-Labor Day summits called by the DOLE as part of drafting
the National Economic Recovery Strategy.
Pangan also
clarified that the labor dispute of the Davao Foodpanda riders remains
unresolved as the company did not attend the mediation meeting called by the
DOLE last Monday. The DOLE later admitted that Foodpanda refuses to attend
tripartite meetings and will only meet riders on a bilateral basis.
“Pasaway ang Foodpanda. Divide
and rule ang taktika nila. It clearly does not want to be covered by the labor
law so that it can do anything that it pleases—like suspending riders for 10
years and reducing their pay unilaterally. In the face of this intransigence by
Foodpanda, the DOLE lies prostrate even though it has the power to issue a
Department Order to clarify and resolve such workplace grievances,” Pangan
stated.
Kapatiran ng Dalawang Gulong (Kagulong)
July 29, 2021
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