The NLRC 8th Division in its decision dated December 7, 2022, in which the copy was released on Tuesday (January 3) affirmed the ruling of the Labor Arbiter (LA), Rovyne Jumao-as dated June 30, 2022 that the delivery riders who filed a complaint of illegal dismissal against Foodpanda Philippines, Inc. are the latter’s regular employees, and that said riders were indeed illegally dismissed from employment.
The NLRC decision said there was an employer-employee relationship between Foodpanda and the delivery riders because “the power of control was clearly wielded by [Foodpanda] through extensive supervision from start of their assigned duty until it ends, the company’s actual prohibition of alternative employment, and its algorithmic disciplinary measures indicate strict supervision and control over its delivery riders.”
The NLRC also ruled that Food Panda’s act of suspending the complainants for a period of 10 years is tantamount to constructive dismissal, thus, the riders were illegally dismissed.
To recall, the complainants were engaged as delivery riders by Foodpanda but were suddenly denied access to Food Panda’s Rider Application following a demand by said riders for transparency regarding the calculation of their pay and corresponding deductions. The complainants filed a case of illegal dismissal before the Labor Arbiter.
Foodpanda denied the existence of an employer-employee relationship, and argued that the said riders were engaged as independent contractors. In June 2022, the LA issued a decision declaring complainants as regular employees, and ruling that FoodPanda is liable for illegally terminating the employment of complainants.
“Even if it is still at the NLRC level, this is already a victory for us. This is a landmark decision for every delivery rider who has been at the frontlines since the pandemic. This is the product of our collective action and our determination to assert our rights, even against a seemingly formidable opponent,” Edmund Carillo said, President of Davao United Delivery Riders Association Inc. (DUDRAI) and one of the complainants in the illegal dismissal case lodged against Foodpanda.
In dismissing the appeal of Foodpanda, the NLRC concludes: “In the still raging war against COVID-19, We take judicial notice of the fact that food delivery riders have repeatedly been alluded to as front liners and heroes for enabling us to abide by physical distancing and other health protocols, while, at the same time, bolstering the economy. Nevertheless, while they have been hailed as heroes, they have not always been treated as such.
As heroes, according to the decision, the riders, at the very least, are able to demand minimum labor standard benefits, e.g. minimum wage, service incentive leave, right to organize and collective bargaining, and security of tenure provided under Philippine laws.
The NLRC 8th Division order was concurred by its commissioners: Elbert Restauro, Sittie Phamy Cader-Conding, and Rosario Bernardo-Sagadal.
“This decision is an affirmation to us, that our struggles and our contributions amid the pandemic are seen. We are determined to see this through the end, as we know that FoodPanda will appeal all the way to the Supreme Court. Para pud ni sa ubang riders. Gawas sa money claims, kadaugan ni para mas ilhon sa mga kompanya isip Food Panda ang katungod ug benepisyo na dapat ihatag sa mga delivery riders. Nagpasalamat mi sa tanan misuporta sa amo, ug hinaot unta ubanon pa mi ninyo sa among pagbarog para sa among mga katungod, bisan hangtud sa Supreme Court,” Carillo said.
Former Davao City Councilor Pamela Librado, meanwhile, lauded the NLRC decision, and expressed her continuing support to the delivery riders.
“I had the privilege of helping the delivery riders during my stint in the City Council. They will always have my support. Their victory is ours as well, and our team will forever be humbled by their determination and commitment,” Librado said.
Librado's former legal team assisted the delivery riders in filing the initial illegal dismissal complaint before the Labor Arbiter, and her team continues to provide legal assistance to the delivery riders.