(MANILA BULLETIN)

Former Bayan Muna Party-list Rep. Carlos Zarate said local government units (LGUs) must not give undue burden to food delivery riders in the form of business permit requirements.

Accordig to Zarate, delivery riders are already struggling to make ends meet in the platform economy, and the imposition of such requirements only makes things more difficult for them. 

"It is completely unjust to require food delivery riders to secure business permits when they are clearly workers, not business owners," said Zarate, a public transport reform advocate and  former deputy minority leader  in the 18th Congress. 

"These riders are already bearing the brunt of reduced earnings, lack of social protection, and various occupational hazards. Adding the cost of business permits only worsens their situation," the Makabayan member emphasized.

Zarate cited the 2022 National Labor Relation Commission (NLRC) ruling which said that delivery riders are workers, not independent contractors or business owners. 

In the said case, the labor court held that there was employer-employee relationship between FoodPanda Philippines and the delivery riders  because "the power of control was clearly wielded by [Food Panda] through extensive supervision from start of their assigned duty until it ends, the company's actual prohibition of alternative employment and its algorithmic disciplinary measures indicate strict supervision and control over its delivery riders."

Zarate noted that the responsibility for securing business permits should fall on the delivery platforms like FoodPanda, Grab, Angkas, Maxim and others, not on the individual riders.

"The digitalization of work should not be used as an excuse to casualize labor and strip workers of their rights. We are seeing a dangerous trend where big tech companies are maximizing profits while downloading costs and risks to their workers," explained the lawyer.

The former lawmaker called for urgent legislative action to address the growing challenges faced by platform workers. 

"Congress must fast-track the passage of comprehensive legislation protecting the rights of platform workers. This should include provisions on fair compensation, social protection, safety standards, and clear employer-employee relationships."

"Local governments must also review and repeal these  ordinances that unfairly burden delivery riders. The solution is not to extract more fees from struggling workers, but to properly regulate these digital platforms and ensure they fulfill their obligations as employers," Zarate concluded.