DOLE asked to issue order on riders’ employment status

The motorcycle riders’ rights group Kapatiran sa Dalawang Gulong (Kagulong) called on the Department of Labor and Employment (DOLE) to issue an order on the employment status of app-based riders in the light of the recent decision by a National Labor Relation Commission (NLRC) arbiter. The arbiter ruled that seven Foodpanda riders based in Davao were regular employees of the app and found the company guilty of illegal dismissal. The labor case stemmed from the suspension by the app for 10 years of 43 Foodpanda riders who planned in July 2021 a “log-off” protest over low pay.

 

“This is a landmark decision in clarifying the employee-employer relationship of app riders. We urge the DOLE to settle the issue by issuing an order based on this decision. It is long overdue,” insisted Don Pangan, Kagulong secretary general.

 

He added that “We are also calling on the DOLE to deliver its commitment to convene the Technical Working Group involving rider’s groups, trade unions, worker’s organizations and concerned government agencies as agreed upon the tripartite consultations convened in the build up to Labor Day 2021.”

 

Kagulong had long advocated for recognizing app riders as employees so they can enjoy the protection of labor standards and rights, including social protection and job security. The group earlier criticized the Labor Advisory 14-21 issued by the DOLE in July 2021 that did not resolve the dispute. The Labor Advisory was issued in the wake of the Davao Foodpanda labor row and other disputes involving app riders.

 

In November 2020, Kagulong led some 700 Foodpanda riders in a protest action at the DOLE national office to seek resolution of their grievances over reduced pay and unsafe conditions DOLE officials who met leaders of Kagulong and the Metro Manila Foodpanda riders promised to act on the complaint.

 

The Foodpanda protests in Davao and Manila correlate with a global study (http://library.fes.de/pdf-files/iez/16880.pdf), which found out that food delivery riders launched the greatest number of protests among app or platform workers. The most prominent grievance concerned pay although employment status also figured as a secondary issue. In Asian countries such as Indonesia and India, gig workers have formed associations or unions. Similar organizing and struggles by food delivery riders in Europe, Australia and Latin America was also revealed in the study. 

Kagulong

August 2, 2022

Riders group slams DOLE advisory on food delivery and courier work

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

Riders group slams Foodpanda’s glitch alibi

 
 

The motorcycle riders’ rights group Kapatiran ng Dalawang Gulong (Kagulong) slammed Foodpanda for stating that the 10-year suspension of 43 Davao-based food delivery riders was just a “technical glitch.”

 

Don Pangan, Kagulong secretary-general, averred that “Technical glitch is a lame excuse for Foodpanda’s corporate abuse. Foodpanda is trying to hide its anti-worker misbehavior behind digital technology. This modus operandi is no different from Foodpanda disguising its employment relationship to riders using the platform nature of work as an alibi.”

 

At the same time the group criticized the Department of Labor and Employment (DOLE) for speaking on behalf of Foodpanda. “As the third party in the tripartite industrial relationship, the DOLE should show non-partisanship. If at all, the DOLE should be biased for workers as the Labor Code provides that in cases of ambiguity, labor should be favored in the interpretation,” Panga expounded.

 

“In fact, in this case, there is really no ambiguity as suspending workers for 10 years is a flagrant violation of the Labor Code. Workers can only be suspended for a maximum of 30 days and for actual administrative cases. Workers cannot be penalized for planning a protest that has not yet happened!” insisted Pangan.

 

Kagulong reminded the DOLE about 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.

 

Kagulong asserted that the TWG is an urgent necessity given that Foodpanda’s action are exposing the disguised employment relationship between the app and its riders. “If riders are indeed independent contractors then they have the choice not to deliver and thus cannot be penalized. Foodpanda’s suspension reveals its control of the working conditions of riders. The control test is the key metric in determining the existence of an employee-employer relationship,” Pangan explained.

 

He added that “Other than the power to suspend and penalize riders for transgressions in the conduct of their work, the fact that uniforms and delivery bags are mandated by Foodpanda shows that it does control the working conditions of riders who must then be treated as employees not freelancers.”

Kapatiran ng Dalawang Gulong (Kagulong)

July 23, 2021

 

Foodpanda riders protest harassed by police, 1 arrested

 

 

Some 700 riders of the food delivery app Foodpanda held a “unity ride” today to seek redress of their grievances. However the peaceful protest at the Department of Labor and Employment (DOLE) was marred by an altercation with police from the Intramuros station. Jack Vergara of the Food Panda Riders Association was arrested while the cellphone of Romeo Maglunsod of the Kapatiran sa Dalawang Gulong (KAGULONG) was confiscated by the police.

 

“We condemn the harassment by the Manila police of a peaceful concerted action by workers that is a constitutionally guaranteed right. We ask Labor Secretary Silvestre Bello to ensure that workers’ right to redress of grievances is observed at the DOLE area. That is traditionally a site of protest but police are now using the pandemic as an excuse to suppress the right to peaceful assembly,” stated Rene Magtubo, national chair of Partido Manggagawa which is supporting the Foodpanda riders.

 

The Foodpanda riders assembled at the Film Center/Cultural Center of the Philippines area before proceeding to the DOLE to seek an audience and deliver a letter addressed to Labor Secretary Silvestre Bello.

 

The groups are asking the DOLE to conduct an inspection for the purpose of resolving the grievances of the Foodpanda riders. Riders are discontented over recent changes in Foodpanda policies that have negatively affected their pay and working conditions.

 

“Pay is tied to bookings which are affected by so-called ‘grades.’ But the grading system is opaque. Grades have fallen due to changes in the system which penalize riders. Pay has also been reduced per delivery due to a new system,” explained Don Pangan of KAGULONG.

 

Further, a policy called “undispatch” forces riders to rush in order to pick up an order, thereby putting their safety at peril. The groups are demanding the removal of “undispatch,” and transparency and fairness in policies, including the computation of the pay for deliveries.

 

Pangan added that “Food Panda riders are called delivery partners but in reality are employees of the company owning the app. Food Panda riders are subject to control and supervision of the company as shown by the impact of policy changes on pay and condition. Foodpanda riders are not independent contractors but ordinary employees of th company owning the app.”

 

The groups are calling on the DOLE to act on their request for dialogue and inspection. “This is only the start of our advocacy for the rights and welfare of Foodpanda rider and other gig workers. Ang laban ng Foodpanda riders ay laban ng lahat ng gig workers,” insisted Pangan.

Food Panda Riders Association

Kapatiran sa Dalawang Gulong (KAGULONG)

November 18, 2020

 

Media Advisory: Unity ride by Foodpanda drivers today

MEDIA ADVISORY

18 November 2020

FOODPANDA RIDERS ASSOCIATION

KAPATIRAN SA DALAWANG GULONG (KAGULONG)

WHAT: FOOD PANDA RIDERS TO HOLD UNITY RIDE TO DOLE CALLING FOR AN INVESTIGATION TO FOODPANDA COMPANY’S IREGULARITIES AND UNFAIR TREATMENT AGAINST ITS DELIVERY RIDERS.

WHEN:  NOVEMBER 18, 2020

CONDUCT:

7:00 AM - ASSEMBLY AT CCP/FILM CENTER W. DIOKNO BLVD. PASAY CITY.

8:30 AM – MOTORCADE TO DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)

ROUTE: ROXAS BLVD. – KALAW -MA. OROSA – CROSSING PADRE BURGOS AVE. – GENERAL LUNA- MURALLA ST. EXPECTED TIME OF ARRIVAL; 9:30AM.

FOR FURTHER DETAILS, CONTACT DON PANGAN AT 09953862722.

### 

Labor group opposes displacement of Angkas riders

The labor group Partido Manggagawa (PM) expressed support for the riders of Angkas who are facing displacement due to a cap set by the Land Transportation and Regulatory Board (LTFRB). The LTFRB Technical working Group has reduced the number of riders from Angkas to 10,000 from 27,000 by the start of the 2020. Angkas riders launched a massive protest from White Plains to Quezon Circle today.

“We call on the LTFRB to withdraw its decision. Almost 20,000 Angkas riders are facing a sad Christmas and a bleak new year. Fostering competition in the motorcycle taxi sector is good but it should not lead to massive dislocation of riders. These Angkas riders have already went through months of training and practical experience in plying motorcycle taxis. Only for them to end up jobless due to a LTFRB decision,” asserted Wilson Fortaleza, PM spokesperson.

Fortaleza spoke this afternoon as an assembly of riders in Malolos, Bulacan. Many of the riders in the Malolos assembly joined the Angkas riders protest in Metro Manila.

PM has a history of solidarity with riders’ issues and struggles as it considers them as workers. Aside from the legalization of the motorcycle taxi, PM has supported the fight of riders against the plaka vest and the doble plaka.

“We also call on the Department of Labor and Employment to study the employment relations in the TNVS sector, including motorcycle taxis, and issue appropriate regulations. While companies like Angkas and Grab treat their drivers as independent contractors, we believe this is a misclassification as they should be categorized as employees with concomitant rights. The government must support the transition of riders and drivers from the informal to the formal sector. Thus this is not just a question of livelihood but also of labor standards and workers’ rights,” insisted Fortaleza.

He explained that “Workers comprise 99% of motorcycle riders in the country. The transportation sector is the second biggest employer in the service industry with a total workforce of 3.2 million o o 7.8 per cent of the total employed persons in 2018. Motorcycles are popular with the working masses, both in the formal and informal economy. It is cheap and convenient for going to and from work and as a vehicle for livelihood.”

According to data from the Philippine Statistics Authority, there are already 6.2 million registered motorcycles and tricycles as of 2013. The number is growing fast. More than 2 million motorcycles were registered just in the first 10 months of 2018. ###

Photos of the riders assembly can be accessed at https://www.facebook.com/partidomanggagawa/posts/10157702508339323?__xts__[0]=68.ARBC1Xhza9QYuECJEZvavVo_8e3wkBlM18oE9mFtb_egiy0C9JADtQsz-e4vPMvcCJ53_2omy1YRXs3ZTvtnvlYL75Mhxy2yc00752BmizKG9L1tTCBuGBA77jHqbdAxsUC6oZBm_rMevPNoRZU-CF-c5sVwYAlZ8XCOvG_5xxIapzd858Q_sRKgnqACdIeuzEzhKZbmGG7iGldO1ml4Xp553le0L-fAPXzzLR7NWer_bBHHJqpHM-8Yz8xp1V-m1mvcOOmSebvOOpaHyYzGcfQAkEyyR5fvf9dhFilF6MDTkPqet6JkAwxuKnjzl_4JsHEQBH77QxmynPjkzhQU&__tn__=-R

22 December 2019