NLRC orders P2.23-M payment in back wages to fired Davao riders
MONETARY AWARD Food delivery riders, in this photo taken on Aug. 23, 2021, gather at the National Labor Relations Commission (NLRC) office in Davao City to file their complaint against the delivery company Foodpanda. The NLRC has recently ruled in their favor, awarding them P2.23 million in back wages and benefits.
—CONTRIBUTED PHOTO
DAVAO CITY — The National Labor Relations Commission (NLRC) has ordered the release of some P2.23 million from the appeal cash bond posted by delivery app Foodpanda, now known as Delivery Hero Philippines Inc., to pay the back wages and other money claims of seven riders found to have been illegally dismissed by the company.
Labor Arbiter Rovyne Jumao-as issued the order, which was executory and with finality, on Sept. 28, following the motion filed by the riders’ counsel early last month, asking the court to use, withdraw and release the money from the bond to satisfy the monetary award for the seven complainants, in accordance with the writ of execution issued by the NLRC in October last year.
Those awarded the back wages and other money claims were Edmund Carillo, president of the Davao United Delivery Riders Association Inc.; and delivery riders Francis Ghlenn Costan, Nerjhun Claramon, Manuel Lapiña, Roberto Gonzaga, Jeffrey Cabusas and Nawar Solaiman.
The labor body ordered the cashier of the NLRC Regional Arbitration Board 11 to release the amount from the bond, subject to a 5-percent withholding tax, and show proof of compliance within three days after the complainants’ receipt of their judgment awards.
As early as June 30 last year, the NLRC already ruled that the seven dismissed riders of the delivery service company were regular workers who were illegally terminated, hence, were entitled to back wages and other benefits from the company.
Employer-employee relation
Jumao-as said an “employer-employee” relationship existed between the company and the riders, contradicting the claim of Foodpanda that the complainants were independent contractors or “delivery freelancers” who use the company’s delivery app to reach consumers. But Jumao-as ruled against three of the 10 complainants for lack of merit as their access to Foodpanda’s online system continued and that the company was able to show the court they were still employed.
The company appealed Jumao-as’ decision but the NLRC 8th Division based in Cagayan de Oro City upheld the labor arbiter’s decision in a ruling released on Dec. 7 last year.
The ruling also noted that food delivery riders had always been hailed as “front-liners” and “heroes” during the pandemic as it allowed people to abide by physical distance while their work helped bolster the economy.
“[But] while they have been hailed as heroes, they have not always been treated as such,” said the 8th Division’s ruling. “As heroes, they should, at the very least, be 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.”
Carillo said they were happy with the NLRC’s decision “because it understood our side.” INQ
