Nov 12, 2024
Drivers in Cebu, Philippines, are staying strong as Foodpanda challenges a ruling by a government agency that determined they are employees of the corporation and must receive around $128,000 in lost wages.
Foodpanda is appealing the decision the National Labor Relations Commission (NLRC) issued in September that required the company to reinstate a 2018–2020 compensation plan that cut driver’s pay by more than half. The ruling also stated that “with no ability to negotiate or alter their fees, riders are more like employees receiving a standard wage rate than independent contractors.”
Foodpanda is challenging a court ruling determining drivers in Cebu are employees who must receive decent pay, safety and health protections and health care.
Credit: Solidarity Center / Miguel Antivola
As with other app-based rideshare and passenger delivery corporations around the world, Foodpanda seeks to classify workers as independent contractors to avoid labor laws requiring pay, safety and health protections, and health care.
“For the five years I’ve worked for Foodpanda, they haven’t offered any type of leave or financial support for medicine,” said Abraham Monticalbo, Jr. The RIDERS-SENTRO (National Union of Food Delivery Riders) member described his experiences working for a company that is not required to adhere to labor protections: “We only get paid when we get an order. If you don’t get bookings, you don’t get paid.”
Foodpanda’s appeal “is just a small amount for the company, yet they’re being stingy with the riders. It’s clear that they don’t really care about our well-being,” Monticalbo said at a union press conference.
Seeking Fairness on the Job
The NLRC ruling on Foodpanda and Delivery Hero Logistics Philippines, Inc., would mean “we can finally receive our earnings that should have long benefited our families and ourselves,” Monticalbo said. “Because of our win, we receive justice.”
The Cebu Foodpanda union chapter of RIDERS-SENTRO has sought fair wages and transparency in the Foodpanda app on scheduling, compensation and suspension. In April, more than 200 Filipino app-based delivery riders took part in a unity ride around Cebu province to protest wage theft.
The Foodpanda app–via the company–sets the rules and is unaccountable to drivers, unilaterally updating acceptance rates, special hours and more. “If you are suddenly tagged for suspension and you follow due process in the app as we were instructed, you will get suspended before they take any action,” said Monticalbo. “Even if you do it right, the suspension is still ongoing. We can’t do anything about it since the tag is still in the system.”
Like Foodpanda, many app-based companies often deploy a “bait-and-switch” tactic, offering benefits to riders only to change the terms later.
“Management treated us well before. If I can compare it to what’s happening now, it’s so far off,” said Monticalbo. Drivers still do their job “because they already left their previous jobs. If they don’t deliver, they don’t earn.”
After the ruling supporting drivers, RIDERS-SENTRO invited the company to enter into discussions for a collective bargaining agreement. With a union, said Monticalbo, the riders are confident of their ability to win their rights on the job even with Foodpanda’s appeal
“Because of the union, we have the fighting spirit for this. We realize our power, our rights.”
Nov 10, 2024
Gold miners in Colombia won their first-ever contract, one that included an annual 3.5 percent wage increase and coverage of all sick leave up to 180 days. The collective bargaining agreement, signed with international corporation Zijin Continental Gold, critically incorporates respect and protection of workers’ rights on the job.
“I’m proud to advocate for workers’ rights and benefits at the Zijin Continental Gold Company. That’s what we seek: to protect workers and ensure they and their families have a better quality of life,” says Sergio Alexander Moreno Moreno, president of Sintramienergética Seccional Buriticá. The union includes more than 450 members at the Buriticá branch and 4,000 members nationwide.
The miners endure difficult conditions with low pay and, over 15 years, had won several arbitration awards. With Solidarity Center support, workers reached the August agreement with the company through negotiation and joint dialogue with the government among representatives of governments, employers and workers on issues of common interest relating to economic and social policies.
The union also negotiated creation of a Labor Dialogue Committee to monitor the contract and ensure its compliance, an essential part of the agreement, says Daniel Esneider Valencia Duque, secretary of collective affairs and labor disputes.
The new contract for gold miners is key to establishing worker rights, says Sergio Moreno, union president.
Achieving Gains with Partnership
To achieve the significant gains for workers, the Solidarity Center engaged with union leadership in a comparative analysis of past arbitration agreements and offered communication support during the bargaining process.
“They helped us draft our fair list of demands, when we reached the collective bargaining stage,” says Cristian Rizo, union general secretary. “The Solidarity Center has greatly supported us in our growth.”
Bolstering skills training and strengthening miners collaboration is part of Solidarity Center’s regional efforts in Brazil, Colombia and Peru, where multinational corporations force miners to endure long days in difficult and often dangerous conditions.
Sharing the benefits of their union in a video, workers describe how they will benefit with the new contract, and urge others to join unions to defend their rights.
“Unity is strength.”
Nov 4, 2024
Imagine frequently working more than 11 hours a day—or even up to 16 hours a day—to earn a living. Those hours are what nearly all (93 percent) app-based passenger and delivery drivers say they must work to support themselves and their families in Sri Lanka, according to a new Solidarity Center report.
With 100 Sinhalese and Tamil platform workers surveyed in Colombo, the Sri Lanka capital, and several interviewed, Low Pay, No Support: Delivery Drivers Fight for Worker Rights, examines the struggles of app-based workers who are not covered by hard-won labor laws that mandate a minimum wage, social protections and the right to join or form a union and bargain collectively.
“The money I earn each day is just enough to cover that day’s expenses; most of it goes toward petrol and other vehicle expenses,” says Abdul Illias, who drives passengers for PickMe and Uber. “It’s not sufficient to save for tomorrow, so we must continue working daily to manage for the next day,” says Illias, a 50-year-old father of three who drives passengers (names were changed to protect workers’ privacy).
While the rapid increase in app-based jobs around the world offers millions of workers additional avenues to earn money, it also creates new opportunities for employer exploitation through low wages, lack of health care and an absence of job safety. The new report identifies these challenges and seeks to ensure platform workers receive decent work.
When the Boss Is an App
With increasing growth in the informal economy, unions, employers and the government should engage in dialogue to ensure worker rights are protected and the countries benefit from the platform economy, Credit: Solidarity Center
None of the drivers or deliverers surveyed or interviewed receive vacation or sick pay. They work long hours and rush between deliveries, risking their safety, because if they do not, the app—via the company—punishes them by lowering pay. When drivers or deliverers are injured, they receive no compensation from their employers and often do not even receive a phone call.
Ayomi, a 38-year-old bicycle delivery driver for Uber Eats, describes the hardships.
“We are on the roads for 10–12 hours a day, and we have no support if we get into accidents,” she says. “In December last year, I had an accident where both my hands were broken. I was bedridden for nearly six months. The company did nothing. The company expects us to be admitted to a private hospital for treatment to receive a larger [insurance] payout, but we can’t do that; we don’t have that kind of money.”
The report also shows how workers are “managed” by algorithmic platforms that determine how they get paid and reported that they sometimes get cheated out of hard-earned wages, as app-based companies reel in workers and then change the rules.
“There is a difference between the actual distance and what the app indicates,” says Jayasinghe Lanka, 52, a seven-year Uber driver.
“I’ve observed that Uber reduces 100 meters for every kilometer. So, when we travel 10 kilometers, it automatically reduces it by one kilometer and shows it as nine kilometers. I joined Uber when it first started in Sri Lanka. They painted a picture of paradise for us. Now, they are exploiting Uber drivers.”
Women passenger and delivery drivers experience even more difficulty, says Chiththara, 41, who supports her mother with her pay as an Uber Eats delivery driver.
“We face health and safety issues, and when we wait for orders, we don’t have a proper facility nearby for sanitary needs. We work during the night, and even though they know a woman will pick up the order, [the app] still sends us to faraway areas. The app selecting main roads instead of smaller ones would improve our safety. They should be more mindful of the roads they choose.”
Delivery and passenger drivers in Sri Lanka are now joining together to form a union—and demand change.
Building Union Strength for Decent Work
Charith Attanapola, who is organizing app-based platform workers in Sri Lanka, says drivers are “working to build strong collective bargaining power to negotiate better terms and conditions.” A key part of drivers’ campaign for fairness is addressing arbitrary and unfair algorithms. Delivery workers suffer from bans from the app, without the right to defend themselves. Among many goals, Attanapola says the union, now with 350 members, plans to advocate and negotiate transparent and fair pricing mechanisms and fair revenue-sharing models.
Attanapola and others members seek to register their union under the name Sri Lanka App Workers Unions and to negotiate contracts that establish reasonable work hours and breaks that protect workers’ health and safety, guard against exploitation and enable app-based taxi drivers and delivery workers to earn decent wages without unreasonably long hours.
“We also will advocate for safe and healthy working conditions, including measures to prevent workplace injuries and harassment,” he said. The union looks to provide solutions “for minimal to zero resting places and sanitation facilities in major cities around Sri Lanka.”
As in countries elsewhere, Sri Lanka’s app-based taxi drivers and delivery workers are classified as freelancers or self-employed workers, an independent worker status outside labor regulation.
App-based workers are seeking coverage by the same labor regulations as protect those in the formal sector, including wage rates, workplace safety and health standards and health coverage.
“I think the government should intervene in this sector and establish regulations. Otherwise,
companies like Uber and PickMe will always benefit while we get nothing,” says P. Karunaratna, a driver with Uber and Pick Me.
With increasing growth in the informal economy, unions, employers and the government should engage in dialogue to ensure worker rights are protected and the countries benefit from the platform economy,
Championing worker rights in Colombo and beyond requires workers joining together, Attanapola says.
“We encourage app workers “to join the trade union and participate actively in its activities, like advocating for safe and healthy working conditions.”
Sep 4, 2024
Delivery drivers at iFood in Brazil say they face exhausting workdays, low pay, lack of adequate company support and poor health conditions. In fact, wages that do not cover the cost of living -–or even do not meet the local minimum wage law—force drivers to work longer hours, leading to unsafe or hazardous working conditions and accidents, say experts and app-based drivers.
“There are dangerous conditions on the road with intense traffic that increases the risk of accidents,” says Beethoven Gomes de Oliveira, an app driver in João Pessoa. “This is also true for mototaxi workers. And the app companies don’t care about us workers, they treat us as if we are disposable.”
Delivery drivers say they suffer from exhausting workdays, low pay and poor health conditions. Credit: Paloma Luna
Injuries for the low-wage delivery drivers are on the rise. São Paulo Hospital reports that the percentage of trauma patients rose from 20 percent of motorcycle drivers in 2016 to 80 percent in 2022. Nearly seven people die riding a motorbike on average every day in São Paulo, which health and safety experts attribute to the rapid expansion of food delivery apps.
Workers Fear Poor Treatment Could Expand
Motorcycle and bike drivers are among Brazil’s 1.6 million app drivers and delivery people, a figure that grew rapidly after COVID as workers seek jobs in the informal economy to sustain themselves and their families. And iFood drivers delivered more than 100 million orders in August.
iFood is owned by the Dutch investment company Prosus, a subsidiary of South African tech giant Naspers, and dominates the Brazilian food delivery market with an approximately 80 percent share. iFood anticipates total revenue from its financial arm to rise 52 percent next year-–an amount workers say could easily cover living wages and safer working conditions.
“Pay is very low, not enough to meet our basic needs. For example, maintenance costs are very high, alongside vehicle insurance and food,” says Gomes de Oliveira, leader of the João Pessoa Municipal Delivery Workers’ Commission. We are out on the street all day–12 to 15 hours–to make 100 reales (approximately $18), and even that is a struggle.”
Fabricio Bloisi, iFood CEO, was appointed Naspers joint CEO in July, a move that app-based workers say may spread a business model that destroys their lives.
During a recent shareholders’ meeting, the Shareholder Association for Research and Education (SHARE) raised concerns about the treatment of delivery workers under Bloisi during his iFood tenure. The wider Naspers group owns the food delivery services Mr D Food, Superbalist, Takealot and Delivery Hero (25 percent).
iFood Stalls Negotiations, Basic Democratic Rights
App-based workers, the government and iFood worked together in 2023 on legislation to regulate the digital platform sector—but iFood did not negotiate in good faith with workers during the four-month process, stalling negotiations until recently when the company reached out to the Ministry of Labor.
Even as workers struggled for decent wages and safer working conditions, they say iFood has opposed their democratic right to form a union and stand together in their struggle. A FairWork report finds no evidence the platform ensures freedom of association and the expression of workers’ voice, and no evidence that it supports democratic governance.
Union supporters say they also are targeted by the company’s algorithm, with iFood blocking the accounts of leaders who question their organizing. Delivery drivers have regularly face inaccurate algorithims that cut their pay—or even deny them jobs.
“There are many algorithmic issues: accounts being blocked or deactivated, payments charged incorrectly or to the wrong person, deviations from the route without pay,” says Gomes de Oliveira.
A key part of drivers’ campaign for fairness is addressing arbitrary and unfair algorithms. Delivery workers suffer from bans from the app, without the right to defend themselves.
Company Should ‘Go Beyond Pursuit of Profits’
A 2022 report shows how far iFood was willing to control workers, including monitoring WhatsApp groups, creating fake profiles on social media and infiltrating with an agent. “The Hidden Propaganda Machine of iFood,” found the company hired an auditor specializing in human rights and spent over $1.1 million on research to determine strategies that would not increase the app’s fees during strikes.
As a result of the report and investigations conducted by the Federal Public Ministry and the Labor Public Ministry, iFood and its advertising agencies signed a Conduct Adjustment Term in July 2023. The company agreed it would not increase the fare for trips during a strike—an action delivery workers say often happened, resulting in “strikebreakers.” iFood also is obliged not to intervene directly or indirectly in workers’ organizations, and cannot influence the creation, operation and agendas of associations and unions.
Yet drivers say that iFood continues to violate international treaties, including the right for everyone, without discrimination, to equal pay for equal work and to form and join unions for the protection of their interests.
As the National App Delivery Workers’ Alliance said: “We believe that business leadership should go beyond the pursuit of profits. It should include a commitment to the well-being of workers, ensuring dignified working conditions and promoting practices that respect human rights.
Aug 30, 2024
The future of children—their education, development and eventual livelihoods—is an essential reason for ending the war in Sudan, according to the Teachers’ Campaign to End the War.
The Sudanese Teachers Committee, which organized the peace initiative, is part of the Sudanese Civil and Labor Coalition that includes labor and civil society organizations, and is a member of al Taqadum-Sudanese Civil Front movement.
Under the banner, “Teachers are builders of civilizations and advocates of peace,” the Sudanese Teachers Committee points out that no family is “untouched by the destruction caused by the war,” and notes that teachers are the most capable in leading the movement by rejecting the war, with education as the key to achieving peace.
The war in Sudan, which began April 15, 2023, has resulted in the killing, displacement and starvation of millions of people, as well as the destruction of vital public institutions. Nearly 26 million people, half of Sudan’s population, are facing acute hunger. More than 12 million people have been displaced by fighting between a military government and a paramilitary group.
Some 19 million children are out of school, while teachers have not received wages since the start of the war. The committee is serving the public by providing school—at least 6,000 facilities—in shelters.
Reaching Out for Children’s Education
On a Facebook page, which now includes 118,000 followers, the Solidarity Center-backed committee has added dozens of first-person videos by those calling for an end to war, and is campaigning for students’ ability to learn to read and return to school.
Committee leaders note that receiving an education is a basic right as stipulated in the International Covenant on Economic, Social and Cultural Rights, a United Nations treaty signed by Sudan.
The committee also has created a series of posters illustrating the destructive actions of war and how children thrive with education and peace.
“Peace is a means to achieve comprehensive economic and social development, and through it societies advance,” the committee says. “There is no renaissance and development in a country suffering from wars, division and conflicts.”
