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
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