Focus on Amending the 'Doble-Plaka' Law, Not the Constitution – Rider Groups Assert

 

Rider groups, on Sunday, embarked for another Unity Ride from the Commission of Human Rights to the People Power Monument. Their aim: to oppose efforts to amend the 1987 Constitution, arguing that the time and resources allocated by Congress to this effort would be better directed towards passing legislation that safeguards and promotes the interests of marginalized communities, including riders.

 

Representatives from Kapatiran sa Dalawang Gulong (Kagulong) and other rider groups participating in the protest emphasized the importance of addressing proposed changes to RA 11235 or the Motorcycle Crime Prevention Act, commonly known as the ‘Doble-Plaka’ law. This law is resented strongly by the motorcycle riding community prior and until its enactment in March 2019, prompting former President Rodrigo Duterte to temporarily suspend its implementation.

 

“The distraction posed by charter change (cha-cha) efforts could potentially impede the much-needed amendments to the Doble-Plaka law, especially with the attention of lawmakers divided between the people's initiative and the upcoming 2025 national and local elections,” Kagulong emphasized in a statement to the media.

 

Senator JV Ejercito, a rider himself and a passionate motorcycle enthusiast, joined the Unity Ride in solidarity with the riders as he, along with his fellow senators, opposed the House-led people's initiative (PI).

 

Senator JV Ejercito is also the principal author of Senate Bill 159 which seeks amendments to the Doble-Plaka law.

 

Kagulong highlighted the riders' demand for amendments to the oppressive penalties imposed against violators of this law (ranging from P50,000 – P100,000 with imprisonment), as well as the discriminatory aspects of the Doble-Plaka policy to motorcycle riders compared to other vehicle owners.

 

In addition to advocating for changes to the 'Doble-Plaka' law, riders are also pushing for the passage of several bills aimed at recognizing and protecting the rights of platform workers, including delivery riders who often face job insecurity and lack social security coverage.

 

Measures legalizing the operations of motorcycle taxis are also awaiting consideration in Congress.

 

"These are the urgent issues that concern riders. There is nothing about cha-cha in our agenda," Kagulong concluded.

Videos can be accessed at https://www.facebook.com/partidomanggagawa/videos/707444054777286

Kapatiran sa Dalawang Gulong (KAGULONG)

11 February 2024

More Filipinos are back to work but in bad jobs—Partido Manggagawa

 

In reaction to news that unemployment has dipped to just 4.2% in November 2022, Rene Magtubo, chair of the labor group Partido Manggagawa (PM) stated that “Indeed, more Filipinos are back to work but in bad jobs.” Magtubo insisted that “Quality as much as quantity of jobs is a concern using the International Labour Organization’s decent work framework as a lens.”

 

PM referred to the fact that while unemployment decreased from 4.5% in October, underemployment increased to 14.4% in November from 14.2% in October. Also, the average weekly hours worked of an employed person in November 2022 went down to 39.3, from 40.2 in October 2022 and from 39.6 in November 2021.

 

Magtubo explained that “Government is boasting of the return of employment figures to pre-pandemic levels. Unfortunately, there is no comparable data for November 2019. But by October 2022, unemployment was at 4.5%, exactly the same rate as in October 2019 before COVID-19 struck. But while the quantity of jobs may have returned, the quality of jobs worsened.”

 

According to PM, more people were working part-time instead of full-time. Underemployment—or the people wanting more hours of work—jumped from 13.0% in October 2019 or 5.62 million Filipinos to 14.2% in October 2022 or 6.67 million. This translates to more than a million Filipinos working as casual, contractual or informal in 2022 or a rise of 19% compared to pre-pandemic levels of underemployment.

 

“As part-time employees working as casual, contractual or informal, they would be suffering from lower remuneration, not enough benefits, less job security, lack of social security and unsafe working conditions. In other words, these employed but vulnerable workers in the post-pandemic context are still harmed by decent work deficits,” Magtubo expounded.

 

PM pointed out that a reflection of this phenomenon is the plight of delivery riders. “No doubt, there were more of them as essential workers during the pandemic. But an upsurge of protests among delivery riders express the decent work deficits of Filipinos working as independent contractors rather than as full-time regular employees. Almost all of these protests originated from grievances over steep declines in incomes as apps arbitrarily cut their ‘commissions’ while the cost of fuel rose continuously,” Magtubo argued. He pointed to the protest last week of Shopee riders and to last year’s mass actions of Grab riders in General Santos, Cebu and Pampanga, together with Grab cyclists in Metro Manila. Iloilo Grab riders also formed a union last November 2022. 

January 7, 2023

Partido Manggagawa

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 welcomes motorcycles-for-hire bill

Photo by Aris Ilagan

The riders’ rights group Kapatiran sa Dalawang Gulong (Kagulong) welcomed the passage of a bill regulating motorcycles-for-hire at the House of Representatives. House Bill No. 10571 or the “Motorcycles-for-Hire Act” was approved yesterday. A counterpart bill by the Senate had earlier been passed. The step would be a bicameral session to reconcile the two versions.

 

“We welcome the legalization and regulation of moto-taxis as it will promote and protect the livelihood of many of our fellow riders along with commuters. We call on the Senate and the House to expedite the bicam version and ensure that riders’ rights are protected as well,” stated Don Pangan, Kagulong secretary-general.

 

The legalization of motorcycles-for-hire or moto-taxis is among the priority agenda of Kagulong along with the repeal of the Doble Plaka Law, and protection for delivery and courier riders. Kagulong’s priority agenda has already received the support of Vice President Leni Robredo and Senator Kiko Panglinan and other senatorial candidates.

 

Kagulong pledged to monitor the bicam deliberations on the regulation of moto-taxis to guarantee no provisions denigrating the rights and welfare of riders are introduced. Most of Kagulong members are workers using motorcycles as means of mobility or riders engaged in the various apps. In November 2020, the group led some 700 Foodpanda riders in a protest that ended at the Department of Labor and Employment in Manila to seek redress of grievances over reduced pay and opaque rules.

 

The group is encouraging the formation of riders’ cooperatives which will operate as moto-taxi platforms. “We call on our fellow riders to unite for the fight to promote both our rights and our livelihood,” Pangan averred.

February 1, 2022

Kapatiran sa Dalawang Gulong (Kagulong)

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