MAYOR Sebastian Duterte vowed to support the calls of the delivery riders to be exempted from requiring a business permit.
Duterte, during his “Basta Dabawenyo” podcast on Sunday, said it just needs to be solidified through a city ordinance.
“Pangusgan nato na og pag-ayo ug suportahan nato na through a local ordinance para tumanon gyud (We will strengthen and support it through a local ordinance, so it would push through),” he said, referring to the moves of the city council to repeal or amend Ordinance 0612.
Ordinance 0612, passed in 2021, categorized all food delivery riders as individual service contractors and, therefore, must secure business permits.
The United Davao Delivery Riders Association (UDDRA) has continuously called on lawmakers to exclude from paying the business permit.
Without the exemption, the riders will pay 25% on top of the fees, which UDDRA said is “way too high” given they purchased their motorcycle through installment.
According to the group’s Nov. 5 statement, each rider is required to pay from P1,270 to P5,200, depending on their income assessment.
“Dili man gud nimo sila pwede singlon og bug-at, pila rabay ginansya nila unya kapoy baya ang trabaho,” Duterte added.
However, the riders will still have to pay to continue operating but only at a “minimal” fee to regulate the sector.
He explained that the legal complications might have caused the delay in the ordinance’s amendment.
Pamela Librado, a former lawmaker and one of the mayor’s guests during the podcast, reiterated that there are Supreme Court and National Labor Relations Commission (NLRC) rulings recognizing the employee-employer relationship of riders and that of FoodPanda, and Lazada.
For instance, the High Court ruled in Ditiangkin et al. vs. Lazada (2022) that riders who filed a case for illegal dismissal were regular employees of Lazada, and riders were dependent on Lazada for their continued employment.
SC ordered their reinstatement after being illegally removed. The same finding was in Fuentes et al. vs. Lazada E-Services (2023)
Meanwhile, the National Labor Relations Commission (NLRC) ruled on Dec. 7, 2023, in Carrillo et al. vs FoodPanda Philippines that the seven Davao City-based riders of Foodpanda Philippines were categorized as regular employees.
“Aduna naman tay legal basis gyud nga ilhon gyud sila sa Foodpanda, Maxim, Grab ug uban pa nga empleyado sila, so ang atoa ani dili nayud sila angay nga mokuha pa og business permit kay aduna nay Supreme Court order nga dili na sila negosyante (We have legal basis that Foodpanda, Maxim, and Grab consider them employees. So, we believe they don’t have to secure a busienss permit because there is a Supreme Court order that says they are not business owners),” Librado stressed.
Librado added the riders were only forced to secure a business permit as some reported they were indiscriminately removed from the app for failing to comply.
Councilor Myrna Dalodo-Ortiz said on Nov. 19 during Aprubado sa Konseho said the committee will soon present the report and recommendations or corresponding resolutions and ordinances to the plenary but she did not disclose the date.
There are approximately five regular sessions left for the city council before the renewal of the business permit in January 2025.
