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Hontiveros files bill to protect gig workers’ rights

Metro Manila (CNN Philippines, October 11) — Sen. Risa Hontiveros is pushing for the protection of rights and welfare of gig economy workers, including delivery riders and other freelance workers.

Hontiveros filed Senate Bill 1373, or the Protektadong Online Workers, Entrepreneurs, Riders at Raketera (POWERR) Act to empower online platform workers, who have increased in number since the start of the COVID-19 pandemic.

“This will guarantee that the rights of the delivery riders and online freelancers are protected. It will mandate the state to craft standards for regulations in relation to the services that these workers perform,” Hontiveros said Tuesday.

Under the bill filed on Oct. 6, the Department of Labor and Employment (DOLE) will issue rules to ensure online platform workers are classified as regular employees, determined by the facts relating to the actual performance of work.

The proposed measure requires online platform workers to be paid at least with minimum wage computed either on an hourly or per-task basis, and be enrolled in government social protection programs such as PhilHealth, SSS, and Pag-IBIG, among others. Female workers will also be provided maternity benefits upon childbirth in a manner and amount determined by the SSS.

The bill also protects the workers’ rights to organize, collectively bargain and negotiate with their platform providers, as well as to be informed about any decision or action, taken or assisted by an algorithmic system affecting their employment or working conditions.

Once it is passed, online platforms will be liable for injuries sustained by the workers while on duty, especially delivery riders.

Online platforms must also uphold transparency in their algorithmic management systems (or the technology used to remotely manage workers) and place these under human supervision.

Hontiveros said it is time put an end to the sufferings of delivery riders and online platform workers as they bear the “risk of labor abuses due to gaps in our laws and policies.”

The discussion on the labor situation of gig economy workers started last year as senators received reports of unfair working conditions among them. 

In July 2021, the labor department issued an advisory saying that delivery riders, especially those deemed as employees of digital platform companies, are covered by provisions of the Labor Code and related contracts. 

This was after the decision of food app Foodpanda to impose a 10-year suspension for some riders in Davao City protesting reduced earnings brought by pandemic policy changes. 

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