2 lawmakers seek probes of foodpanda's suspension of riders in Davao

Senator Risa Hontiveros and Bayan Muna party-list Representative Ferdinand Gaite on Monday urged the Department of Labor and Employment and Congress to investigate the suspension of the foodpanda riders in Davao City.

Hontiveros called on DOLE to probe the reported incidents of "labor abuses" against delivery riders.

“Nananawagan ako sa DOLE na aksyunan agad ang hinaing ng ating delivery riders na nakararanas ng panggigipit sa mobile app operators," Hontiveros said in a press statement.

(I am urging DOLE to act on the complaints of our delivery riders who are experiencing harassment from the mobile app operators.)

"Bawat araw na sila ay nababalahaw ay katumbas ng isang araw na wala silang maiuuwing kita sa kanilang pamilya,” she said.

(Each day that they are not working is equivalent to a day that they could not provide for their families.)

Hontiveros made the call after food delivery app foodpanda suspended some accredited riders in Davao City due to their participation in a unity ride supporting other riders who were suspended and denied access to the mobile app for 10 years.

The group also complained about the recent fare adjustment which significantly decreased their earnings to as low as P20.00 per ride.

In a statement, foodpanda said it "offboarded" a few riders "who have violated their agreement with foodpanda by calling for disruptions that may affect the wider ecosystem (other riders, vendors and customers)."

"As a platform, we are supporting thousands of riders and vendors who earn their livelihood and income with foodpanda, by delivering food and essentials to our customers’ homes," the company said.

"To ensure that the platform remains reliable for all our users, we sometimes have to take difficult actions to mitigate operational interruptions," it added.

Foodpanda said it had always tried to do its best to give rider partners a better understanding of rider fee structure, and its benefits.

"Rider pay structure takes into account route and distance among other factors, allowing for a fair pay structure that is higher than other industries," the company said.

"Beyond earnings through completed orders, riders also enjoy benefits from our partnerships with other brands including discounts on fuel/mobile data, insurance at a significantly lower price for the same benefits, free merchandise, among others," it added.

According to Hontiveros, the DOLE should mediate in this issue and look into the working conditions of the Davao City Foodpanda riders, not just to avoid interruptions in the service, but "to install safeguards to ensure the protection of food delivery riders as they are also workers."

She said failure to act on such grievances is negligence on the part of the national government.

Hontiveros urged DOLE to issue guidelines and labor standards that will protect and promote the welfare of delivery riders.

She also filed a resolution seeking a Senate investigation on the working conditions in the so-called "gig economy," which includes delivery riders, to address labor issues surrounding the emerging sector.

Meanwhile, Gaite said he would definitely seek a congressional probe not just on the suspension but also on the employment status of delivery app riders.

"The Department of Labor and Employment must also look into this nefarious practice of supposed 'individual contractors' providing delivery services that should by law be considered employees of the company," he added.

Gaite said Foodpanda's action of suspending its riders "betrayed itself as it revealed the existence of employer-employee relationship and it fulfills the elements of the four fold test, most importantly the so-called control test."

"The suspension clearly shows that their riders should be considered as employees and not merely ‘freelancers'," Gaite said. —AOL/NB, GMA News