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All delivery riders who are deemed employees are entitled to employment benefits.
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All delivery riders who are deemed employees has the right to security of tenure.
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The terms and conditions of engagement of delivery riders who are deemed independent contractors or freelancers shall be governed by their respective contract.
The Department of Labor and Employment recently released Labor Advisory No. 14, Series of 2021 which tackles on working conditions of delivery riders in food delivery and courier activities.
The Labor Advisory says:
A delivery rider refers to any accredited person who, through the digital platform, receives the order from the merchant or the parcel from the customer, delivers the same and gets paid for his service.
What are the rights of delivery riders?
The Labor Advisory says:
All delivery riders who are deemed employees are entitled to following minimum benefits, as provided for in the Labor Code of the Philippines, as renumbered, and other labor laws, as may be applicable:
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Minimum wage;
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Holiday pay;
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Overtime pay;
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Night shift differential;
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Service Incentive Leave;
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Thirteenth-month pay;
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Separation pay;
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Retirement pay;
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Occupational safety and health standards;
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Social Benefits e.g. SSS, PhilHealth, Pag-IBIG; and
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Other benefits under existing laws.
All riders who are deemed employees shall also enjoy the right to security of tenure, self-organization, and collective bargaining.
The terms and conditions of engagement of delivery riders who are deemed independent contractors or freelancers shall be governed by their respective contract or agreement with the digital platform company, which stipulates for the following provisions, including but not limited to:
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Payment of fair and equitable compensation which shall not be lower than the prevailing minimum wage rate;
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Facilitation of registration and coverage under the SSS, PhilHealth and Pag-IBIG;
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Compliance with applicable occupational safety and health standards such as but not limited to the use of standard protective helmet and personal protective equipment (PPEs), and attendance to regular trainings and seminars on road safety to be arranged by digital platform company in coordination with relevant government agencies; and
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Arrangement with concerned local government unit and/or merchant or group of merchants in setting up designated waiting areas for delivery riders.
As for the complaint or grievance of delivery riders and/or digital platform company, the same shall be settled and resolved through conciliation, mediation, inspection or arbitration, whichever is applicable, pursuant to existing rules and regulations.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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