MANILA, Philippines — The Department of Labor and Employment (DOLE) reiterates the rights of riders in food delivery and courier activities under the Labor Code of the Philippines or their contract with the digital platform company, depending on the existence of an employer-employee relationship.
In an advisory, Labor Secretary Silvestre Bello III said all delivery riders who are considered employees of a digital platform company are entitled to the minimum benefits under the Labor Code.
Meanwhile, those who work as independent contractors or freelancers shall be governed by their respective contracts or agreements with the digital platform company.
DOLE issued the advisory in order to set the standards in determining work relationships between food delivery companies and their respective riders.
This employer-employee relationship between the delivery rider and the digital platform company, Bello said, may be determined in consideration of the flexibility of work which includes working time, control through technology, and use of the equipment and other inputs.
The advisory stated that all delivery riders who are deemed employees of the digital platform company shall enjoy the minimum standards and benefits which include: minimum wage, holiday pay, premium pay, overtime pay, night shift differential, service incentive leave, thirteenth-month pay, separation pay, and retirement pay.
They are also entitled to get occupational safety and health (OSH) standards, including SSS, PhilHealth, and Pag-IBIG, and other benefits under existing laws.
Riders shall also enjoy the right to security of tenure, self-organization, and collective bargaining.
Meanwhile, riders who are considered independent contractors or freelancers shall be governed by their respective contracts or agreements with the digital platform company.
The contract or agreement shall stipulate the following provisions, including but not limited to:
- the payment of fair and equitable compensation, which shall not be lower than the prevailing minimum wage rates and facilitation of registration;
- coverage under SSS, PhilHealth, and Pag-IBIG;
- compliance with applicable OSH standards;
- attendance to regular training and seminars on road and traffic rules and road safety. This shall be arranged by the digital platform company in coordination with relevant government agencies;
- arrangement with concerned local government units and/or merchants in setting up designated waiting areas for delivery riders
The Labor Advisory further states that any complaint or grievance of delivery riders or digital platform company shall be settled and resolved through conciliation, mediation, inspection, or arbitration, whichever is applicable, under existing rules and regulations.