Showing posts with label independent contractor. Show all posts
Showing posts with label independent contractor. Show all posts

Saturday, January 7, 2023

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

Thursday, July 21, 2022

Riders group demand ayuda ahead of SONA


 

The riders’ rights group Kapatiran sa Dalawang Gulong (Kagulong) asked the government for a package of social assistance for the so-called “bagong bayani” ahead of the first SONA of President Bongbong Marcos.

 

Kagulong held a pre-SONA online gathering yesterday were riders aired their grievances and tabled a set of demands. The group plans to join the alternative SONA mobilization of civil society groups on Monday.

 

“Protection of riders’ rights, livelihood and safety are the three main issue facing the riding community. These can be addressed by the new government through legislation or executive action,” stated Don Pangan Kagulong secretary-general.

 

He explained that the incomes of food delivery, courier and motorcycle taxi riders have been severely affected by rising prices of gasoline. As independent contractors, fuel costs as well as vehicle maintenance are shouldered by riders and not the apps.

 

“When gas prices were around P60 per liter, riders spent P200 to P300 for travelling for 8 to 10 hour a day. Now that gas costs P70 to P80 per liter, fuel expenses have risen to P300 to P400 but gross incomes have remained the same. So, a rider earning P800 daily gets to take home only P500 today instead of P600 or more previously. This net income is now below the minimum wage. Riders are falling into the ranks of the working poor. Thus, the urgency of the demand for subsidized fuel and basic goods,” Pangan elaborated.

 

He added “In addition, riders set aside P50 daily for vehicle maintenance and P100 to P150 weekly (P150/7 days = P21.42) for their cellphone load. This just leaves P428.58 as the take-home pay of a rider. If the spouse also works as a rider, the aggregate household income comes up to only a little more than P800 daily which falls short of the P1,300 cost of living estimate of Partido Manggagawa. No wonder that if riders fall sick or meet an accident then they plunge into debt given that they have no social protection as self-employed workers. Therefore, we demand recognition as employees with labor rights and social security.”

 

Kagulong is also asking Congress to repeal the Doble Plaka law for being discriminatory to riders and authorities for better enforcement of road safety laws.


Kagulong

July 21, 2022

Tuesday, March 1, 2022

Riders group call for dialogue on fuel subsidy

 

The riders’ advocacy group Kapatiran sa Dalawang Gulong (Kagulong) called on the government to hold a social dialogue with riders engaged in ride-hailing, food delivery and courier services for the provision of fuel subsidies. “We are asking the Department of Transportation (DoTr) to meet with riders in order to clarify its plan to distribute fuel subsidies. Riders shoulder the weekly gasoline price increases and thus deserve ayuda,” said Don Pangan, Kagulong secretary-general.

 

He also added that the group is supporting the call of Vice President Leni Robredo and Senator Francis Pangilinan for the temporary suspension of the excise taxes on oil products to reduce pump prices. The suspension is provided for under the TRAIN law but subject to certain conditions. “We believe that the extreme difficulties brought about by the weekly oil price increases for more than two months already are more than enough as supervening conditions for the suspension of excise taxes. This will benefit jeepney drivers and operators, app riders, farmers and fishers principally and the rest of the people too as oil prices impact the whole economy,” Pangan explained.

 

He added that while it welcomes the DoTr announcement that people engaged in full-time ride-hailing and delivery services are entitled to the fuel subsidy, there is no transparency in the plan. “In the first place, the DoTr does not know if the registered motorcycle owner is using his or her vehicle for platform work. Not even the Department of Labor and Employment (DOLE) is aware of this due to the informal nature of the freelancer or independent contractor relationship,” Pangan explained.

 

“Only the apps know who their riders are. But a social dialogue should involve all stakeholders, thus riders should have voice and participation,” Pangan insisted.

 

The group averred that if riders were treated as employees not freelancers then ayuda provision would be much easier, similar to how workers were granted ayuda under CAMP or SBWS. The employment status of riders has been the subject of controversy, even sparking protests amidst the pandemic and prompting the DOLE to issue an “advisory” on the issue.

 

Kagulong earlier lambasted the DOLE advisory as “inutile” since it did not clarify the employment status of riders. “We reiterate our call for the DOLE to convene a technical working group (TWG) with riders and other freelancers. The TWG formation was a commitment of the DOLE in the 2021 labor summit meetings with workers and employers. Sadly, this is another broken promise of this administration.”

 

Kagulong is actively supporting the tandem of Vice President Robredo and Senator Pangilinan for their commitment to the riders’ agenda and track record of participatory good governance. “Aangat ang buhay ng riders sa isang gobyernong tapat sa partisipasyon ng nasa laylayan sa pamamahala,” Pangan concluded.

Photos of riders call for fuel subsidy can be accessed here:

https://www.facebook.com/kagulong2020/posts/488947976127043

March 1, 2022

Kapatiran sa Dalawang Gulong

Friday, February 26, 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

Monday, February 22, 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

Wednesday, November 18, 2020

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

 


Tuesday, November 17, 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.

### 

Sunday, December 22, 2019

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. ###



22 December 2019