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

 

Riders group asks DOLE to formulate rules protecting the rights of gig workers

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

“Uber drivers are workers”: Riders group welcomes British SC decision on gig workers

The riders’ group Kapatiran sa Dalawang Gulong (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 courts in 2016 on whether they should be treated as workers of the company or self-employed. 

Uber is also facing similar complaints in many other countries.

The Court declared, as reported in British newspapers, that Uber drivers are workers “the moment they log-on until they log-off the Uber app.” Therefore, as workers, they are entitled to at least the minimum wage, holiday pay and other benefits due for regular workers. 

“Nakasisiya ang desisyon para sa aming mga manggagawang riders. Sa wakas ay mayroon nang jurisprudence sa isyung ito ng mga tinatawag na gig economy workers na maaring paghalawan ng mga korte ng iba’t-ibang bansa katulad ng Pilipinas,” stated Kagulong spokesman Robert Perillo.

Perillo, who is also the President of the Bulacan Motorcycle Riders Confederation (BMRF), said many of their members are working as riders/drivers in may app-based logistics services, thus, the legal resolution on their employment status is the first important step in promoting and protecting the gig economy workers’ basic rights and better working conditions.

According to BBC news, the court considered several elements in its judgement:

- Uber set the fare which meant that they dictated how much drivers could earn

- Uber set the contract terms and drivers had no say in them

- Request for rides is constrained by Uber who can penalise drivers if they reject too many rides

- 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. 

“Ngayong may batas na maari nang pagbasehan, wala nang dahilan ang ating mga ahensya tulad ng DOLE na sabihing hindi maaring harapin ang ilang isyu na nakahapag dito tulad ng reklamo ng mga manggagawa sa Food Panda na hindi pa hinaharap ng management sa dayalogo," explained Perillo.

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

22 February 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