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
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