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.”
Oct 28, 2024
More than 200 International Lawyers Assisting Workers Network (ILAW) members gathered in Casablanca, Morocco, October 9 to 11 at their 2024 Global Conference to share ideas and to collaborate on legal strategies to promote and defend worker rights.
The Solidarity Center established the ILAW Network in 2018 as a way for pro-labor lawyers worldwide to bring together legal practitioners and scholars in an exchange of ideas and information in order to best represent the rights and interests of workers and their organizations wherever they may be.
ILAW lawyers working together have taken legal strategies that are successful in one country and deploy them elsewhere. In doing so, they have set new legal precedents that build a stronger foundation for the expansion of worker rights around the globe.
Credit: Mosa’ab Elshamy
Solidarity Center Executive Director Shawna Bader-Blau welcomed attendees, describing the network of over 1,300 members in more than 90 countries as “uniquely situated to take on global corporations suppressing worker rights.”
She cited the successful advocacy of women labor lawyers for new International Labor Organization (ILO) treaties, like Convention 189 on domestic workers and Convention 190 on violence and harassment.
Solidarity Center Rule of Law Director and ILAW Network Chair Jeffrey Vogt laid out the conference’s purpose. “Around the world, the rights of workers and unions are under attack. Employers are well-resourced and coordinated in their efforts to shape law and policy. It is essential that workers and unions do the same. Through ILAW, we can learn from each other, build from successes and failures, and strengthen our impact through legal solidarity.”
Credit: Mosa’ab Elshamy
The importance of interconnectedness was woven throughout many plenary sessions and discussions. Networking, learning from and collaborating across countries and regions was a key part of the conference, as attendees talked about the commonalities of their work.
The opening plenary, moderated by Solidarity Center’s Rule of Law Deputy Director Monika Mehta, focused on the impact of technology in the world of work, including but not only digital platform workers, from Amazon warehouses workers to content moderators for major social media firms.
Panelist Liz Lenjo described the content moderators in Kenya who filed a lawsuit against Meta (the parent company of Facebook, Instagram and Threads) and Sama, the local contractor, citing poor working conditions, union busting and inadequate mental health support.
These workers were hired to screen posts, videos and messages for Facebook and remove harmful or offensive content. Workers spent hours viewing violent and disturbing images and videos. They were left on their own to deal with the psychological trauma. In a landmark ruling, the Kenyan court determined it had jurisdiction over Meta.
Credit: Mosa’ab Elshamy
Sandra Muñoz discussed how women in Colombia’s parliament recently passed legislation to harassment in the workplace and linked the fight for equality to equality for all. “Unless we can overcome inequality,” Muñoz said, “we can’t overcome inequality as a whole.”
Kayan Leung also described successful litigation she undertook in South Africa to establish parity in paid parental leave in order that the responsibility of care does not default to women. The ILAW Network filed an amicus brief in that case.
During the panel on Just Transition, Angelica Maria Palacios Martinez spoke about the efforts to get Colombia’s government to recognize trade unions’ essential role in Just Transition and protecting the whole population. “From the trade union world, we have called out the government to recognize us as a key player, she said, “so that these public policies are focused on protecting the entire population, and in particular, protecting the workers.”
Abdullah Nahid of the Maldives, one of the countries most affected by climate change, described union efforts to support workers in the tourism and fisheries sector.
On the panel on the informal economy, Madhulika Tatigotla discussed the growth of the informal economy in India. India’s informal economy continues to grow, as the formal sector continues to informalize as, for example, 40 percent of factory workers are now on temporary contracts. Recently, workers and their legal advocates developed a comprehensive draft law for workers in the informal economy to extend labor rights and benefits.
In the final right to strike plenary, Paapa Danquah noted the increasing international threats to the right to strike, linking it to civil liberties. “The attack on the right to strike on the international level is the first step to taking away the right to strike everywhere,” Danquah said. “Whenever you see attacks on the right to strike, there are also attacks on collective bargaining and civil liberty.” He described how the ITUC was involved in litigation before the International Court of Justice to protect the right to strike as a principle of international law.
As the conference ended, attendees discussed priorities for the coming year, from more collaboration between all members to deepening national and regional labor law networks, cross-pollination between ILAW regions, increasing engagement with social movements and Indigenous communities in order to support union growth. Attendees left the conference energized and committed to forging a robust labor law network for a stronger global labor movement.
Oct 7, 2024
World Cotton Day – October 9, 2024: As ubiquitous as cotton is in our everyday lives, the workers who produce and harvest this foundational crop are often invisible. This was long the case in Uzbekistan, where for decades the government forcibly mobilized millions of people, sometimes including children, to harvest cotton for state-owned enterprises. A long-running global advocacy campaign led by the Cotton Campaign, of which Solidarity Center was a founding member, helped push the government to implement reforms that brought that system to an end in 2021.
Ending state-organized forced labor was a major accomplishment, but establishing just and equitable working conditions in the cotton sector is a longer journey. With support from the U.S. Department of Labor, the Solidarity Center is working to put in place building blocks that will allow workers to ensure their rights are protected. The Solidarity Center signed an agreement with the Ministry of Employment and Poverty Reduction of the Republic of Uzbekistan and the project’s co-implementing partner, the Center for International Private Enterprise (CIPE), in December 2022 to begin project work. As the 2023 harvest season gets underway, Solidarity Center and CIPE are working closely with stakeholders in government, civil society and business to work from the field up and from oversight authorities down to build knowledge within the cotton sector about fundamental rights and strengthen mechanisms to ensure those rights are secured.
For the 2023 harvest, this includes:
- In collaboration with the ministry’s labor inspection and legal team, the Solidarity Center and CIPE have prepared and printed more than 10,000 leaflets for distribution to cotton pickers during the ongoing harvest season. These leaflets provide cotton pickers with accessible and comprehensive information about their fundamental rights as seasonal workers under Uzbekistan’s Labor Code. The content covers essential worker protections and includes critical contact information, such as the Labor Inspection hotline and a project-run Telegram channel, where workers can anonymously report violations and seek free legal consultation. The leaflets have been also distributed to groups working in different regions across Uzbekistan to maximize outreach. This initiative plays a crucial role in raising awareness among seasonal workers, ensuring they are informed of their rights and the enforcement mechanisms available to them if their rights are violated. Providing clear and accessible information about legal protections and enforcement channels will be essential to empowering cotton workers to assert their rights, and increased awareness is critical to improving compliance with international labor standards, which is the route to creating a more sustainable and transparent cotton sector.
- The Solidarity Center, in partnership with the Tashkent Mediation Center and the State Labor Inspectorate, successfully conducted a two-day training session October 2–3 in Tashkent aimed at enhancing the capacity of mediators to resolve individual labor disputes. The training, facilitated by a regional expert, introduced participants to mediation as an alternative mechanism for labor dispute resolution. The comprehensive curriculum, a blend of theoretical knowledge and practical exercises, equipped 10 mediators from the Tashkent Mediation Center and Labor Inspection staff with the skills to mediate and effectively resolve individual labor disputes. The head of the Labor Inspectorate emphasized the importance of continued collaboration and capacity building as critical to providing workers in the cotton sector with an effective remedy for labor rights violations.
These harvest-period activities supplement an ongoing rights awareness and education program the Solidarity Center and CIPE are implementing with workers and employers in the cotton sector. A core priority of that program in the coming year will be to ensure that all workers in the cotton sector have a written employment contract with clear, enforceable conditions of work. Employment contracts are vital to healthy labor relations that, unfortunately, are absent in many agricultural supply chains.
Recent reforms in Uzbekistan requiring labor contracts for all workers in cotton production have the potential to help the country distinguish itself as a high-road option for textile sourcing, if those reforms can be implemented and enforced. Developing workplace-level reporting and monitoring systems for workers to verify their rights are being respected, and to seek remedy if they are not, will be an important next step to positioning Uzbekistan as a leader in developing sustainable and just textile supply chains.
Funding is provided by the United States Department of Labor under cooperative agreement number IL-38908-22-75-K, through a sub-award from the Solidarity Center. 100% of the total costs of the project or program is financed with federal funds, for a total of $1,018,814. This material does not necessarily reflect the views or policies of the United States Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the United States Government.
Oct 1, 2024
Organizing a union of more than 200 factory workers in an economic processing zone is a feat in itself, but doing so in just nine months amid management intimidation proves the power of solidarity.
On September 3, more than 60 percent of rank-and-file workers from Hyde Sails Cebu, Inc., a sail manufacturing company, voted union yes in their certification election, with high hopes of negotiating for better benefits and wage increases.
Lucil T. Loquinario, president of the Progressive Labor Union of Hyde Sails (PLUHS-PIGLAS), said earlier this year, “In a union, you will know the true stand and strength of a person,” adding that, “We want to dispel the myth that unions are bad or illegal.”
Fast forward to today, Loquinario noted constant education and pooling strength from each member as the main drivers of their victory. “It is better that all workers know their right to organize and know what we rightfully deserve as written in law. Since management does not let us know, it is only through this endeavor that I know the due process and defense we have as workers.”
The idea of forming a union came to Loquinario in December last year, when she was inspired by a friend who informed her of her rights as a worker. She started getting curious about the benefits her co-workers could be entitled to, along with the automatic 30-day suspension they are bound to when damages are found on manufactured sails.
Loquinario said their organizing started in January—with education seminars and friendly fireside chats with co-workers through May, when the majority of workers was already pro-union. However, word of a budding union reached management.
Loquinario detailed how management started calling them rebels, even installing a security camera in the workplace canteen a few days before the election date to allegedly intimidate workers who planned to vote union yes. She added that management appealed to the Labor department and accused the newly formed union of vote buying for passing out slices of bread to hungry voters after the election.
“It’s worse now,” she said. “Even with a five-minute lapse in break time, they sent a memo to my co-workers.”
Loquinario detailed how, after the election, management started increasing surveillance and demanding written explanations from workers who returned from break a few minutes late. “It is an unreasonable and unfair labor practice,” she said.
While these actions have caused delays in securing their collective bargaining agreement, Loquinario and the union remain hopeful, stressing the importance of having “lakas ng loob,” a Filipino adage for courage.
“We hope this has a good result where we can achieve our goals as workers in proper communication with management,” she said. “Because my co-workers are there, I have more courage to fight for what is right.”
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.
Sep 4, 2024
In a significant win for equity on Firestone Liberia’s rubber plantation in Harbel, more than 90 percent of contract workers voted Saturday to join the Firestone Agricultural Workers’ Union of Liberia (FAWUL). With 1,660 votes for FAWUL representation, contract workers won the right to negotiate collectively with the employer for, they hope, the same wages and benefits currently enjoyed by directly employed workers who are already represented by FAWUL.
“We owe it to generation after generation of workers who have suffered to secure good jobs and dignity for ALL,” says FAWUL Chairperson Rodennick Bongorlee.
FAWUL’s organizing success is the result of the union’s long-term campaign for equity for Firestone’s contracted workers, whose precarious jobs and low wages, often for the same work as permanent employees, are in stark contrast to hard-won worker rights on the rubber plantation.
A 2008 collective bargaining agreement (CBA) and subsequent agreements were key for workers and labor rights in Liberia, where Firestone is the country’s largest employer. Previous to these agreements, plantation workers had endured working conditions that a 2005 human rights lawsuit against the company described as,”forced labor, the modern equivalent of slavery,” where exploitative quotas resulted in excessive hard labor and children working alongside their parents in lieu of attending school. However, through a series of agreements with the company since 2008, FAWUL won for directly employed workers improved conditions that include reduced quotas, better working conditions and compensation, on-site free schooling for workers’ children, a free onsite health clinic and somewhat improved housing.
But, after 15 years of partnership with agricultural workers on the plantation, the company is increasingly backtracking. By FAWUL’s calculations, since 2019, some 3,500 full-time jobs have been lost to Firestone-imposed transfers to contract positions, lay-offs and forced retirements. In 2019, Firestone fired up to 2,000 employees and required them to sign contracts with “labor contractors,” who in turn hired the former employees to perform the same work under Firestone Liberia’s supervision, but at significantly lower rates of pay, with no benefits and without the protections provided by FAWUL’s CBA.
Without collective voice and effective representation through a union, contract workers have been subject to safety risks and exploitation. Although all plantation workers face grave dangers to their health and safety, low-wage contract workers cannot afford personal protective equipment such as boots, gloves and glasses and are at increased risk related to acid use and snake bite exposure. And inadequate company housing for contract workers—usually a small, two-room brick apartment that houses 15–20 people from two extended families—is exposing contract workers and their families to unsafe crowding and, some workers report, rat infestation.
And, without CBA protection, contracted workers complain of economic exploitation. Contract tappers last month were describing Firestone Liberia’s measurement process for reimbursing latex extraction as “cheating,” and said they are being forced to work excessive overtime regularly without commensurate pay or, sometimes, any pay at all. Contract cup washers, most of whom are women who walk more than an hour to work, say they too are forced to work excessive hours without fair or, sometimes, any compensation. Excessive hours are enforced by threat of discipline or dismissal contract workers told the Solidarity Center—a very serious threat for those trapped in debt bondage to the company.
“We applaud the courage and spirit of the Firestone plantation workers who have steadfastly fought for a union to improve their lives and working conditions,” says Solidarity Center Executive Director Shawna Bader-Blau.
FAWUL in 2007 was awarded the AFL-CIO’s annual George Meany-Lane Kirkland Human Rights Award in recognition of the union’s “extraordinary courage” in successfully organizing more than 4,000 Firestone Liberia workers for the first time in the company’s 82-year existence in the country. An indirect subsidiary of Bridgestone Americas Inc., Firestone Liberia is the largest contiguous natural-rubber producing operation in the world. The company supplies Bridgestone with raw and block latex with which to manufacture tires in the United States. Approximately 25,000 people reside on the Firestone-Liberia plantation, including roughly 8,500 workers with their families. Because Firestone Liberia is an employment-standards trendsetter, plantation wages and working conditions have a direct impact on the livelihoods, rights and dignity of all workers in Liberia.
The Solidarity Center, in partnership with the United Steelworkers (USW), works with Liberian unions in key extractive industries such as mining, timber and rubber, as well as with domestic workers, to support them as they better serve their members and assist workers in forming unions.
