Senator files bill to protect delivery riders, online workers

MANILA: Sen. Risa Hontiveros introduced a bill on Tuesday to safeguard the rights and welfare of the regarded quarantine heroes, who are growing more prevalent and commonplace in the service sector.

When the senator filed Senate Bill No. 1373, also known as the Protektadong Online Workers, Entrepreneurs, Riders at Raketera (POWERR) Act, she had delivery drivers in mind.

Aside from delivery riders, the POWERR Act also considers other independent contractors.

Hontiveros referred to them as quarantine heroes since they grew during the lockdowns brought on by the Covid-19 outbreak.

She also claimed that the bill will require the state to create guidelines for rules relating to delivery riders and internet freelancers.

According to the bill, employees must enroll in government social security programs including the Home Mutual Development Fund, Social Security System, and Philippine Health Insurance Corporation, among others.

The legislation also safeguards the workers' rights to collectively bargain, organize, and negotiate with platform providers as well as their right to information regarding any decision or action made or assisted by an algorithmic system that may have an impact on their employment or working conditions.

Once it is approved, internet retailers will be responsible for any injuries that their employees — notably delivery drivers — might suffer while performing their jobs.

Maternity benefits must be offered to female employees after giving birth.

“Ang layon ng POWERR Act ay ma-empower ang delivery riders at freelancers. Ang pagpasa nito ay nagbibigay sa kanila ng kaukulang social protection katulong ang iba't ibang ahensya ng pamahalaan. 

(POWERR Act aims to empower the delivery riders and freelancers. The passing of this bill will give them social protection with the help of other government agencies),” Hontiveros was quoted as saying in a report.

The Department of Labor and Employment (DOLE) will establish regulations as part of the POWERR Act bill, which was introduced on October 6, to ensure that online platform workers are categorized as regular employees based on the facts pertaining to the actual performance of work.

Given that delivery drivers and employees of online platforms face the “risk of labor abuses due to gaps in our laws and policies,” Hontiveros said, the senator argued that it is time to put an end to their suffering.

Senators began to discuss the labor situation of gig economy workers last year after hearing accounts of their unjust working conditions.

The labor department stated in a July 2021 advisory that the laws of the Labor Code and associated contracts apply to delivery riders, particularly those who are considered to be employees of digital platform firms.

This came forth as a result of the food delivery service Foodpanda's move to suspend some riders in Davao City for 10 years in protest of decreased earnings driven on by pandemic regulatory changes.

Meanwhile, online businesses must also maintain openness in their algorithmic management methods (or in the software they use to remotely supervise employees) and put these under human monitoring.

According to the proposed legislation, whether paid hourly or per job, online platform employees must get at least the legally required minimum wage.

Photos from Lalamove, Shell

Also read: Lalamove partners share how the delivery platform allows them to support themselves and loved ones