Delivering Essentials Amid a Pandemic without Rights or Labor Protection: Proving the Use of Independent Contractor Agreements to Deny Food Panda Riders an Employee Status

Food delivery riders have gained widespread significance when countries went into lockdown to prevent the spread of COVID-19. Particularly in the Philippines, two major companies – Grab and Food Panda – employ thousands of delivery riders as “independent contractors,” sans any insurance or protection. This paper argues that food delivery riders, in line with the nature of their work, should be aptly recognized as employees of their digital platforms and should be accorded the proper benefits, protection, and compensation. Notwithstanding the cautious phrasing in the agreements signed by the delivery riders classifying them as independent contractors, it is the submission of this research that the law remains the primary factor that determines the relationship between the parties. As such, an employer-employee relationship, as laid down in Philippine jurisprudence, covers food delivery riders. The paper likewise cites landmark rulings from Spain and France, which recognized delivery riders and drivers as employees of their digital platforms. It is high time that such practices of food delivery businesses be corrected in favor of worker’s rights and a decent, gainful livelihood.