The Hong Kong courier of Foodpanda, a food delivery platform, ended two consecutive days of demonstrations on Sunday (14th) night, and met with management on Tuesday (16th) to strive for better work pay.
These actions have occurred from time to time, revealing that the current employment laws have been difficult to regulate couriers and other platform workers derived from technology platforms, leaving them lack of basic rights and protection.
About 200 to 300 Foodpanda "infantry" and motorcycle and bicycle "cavalry" couriers went online collectively but did not take orders, in order to paralyze Pandamart stores and the food delivery system for two days.
They are dissatisfied with the company's continuous reduction of the delivery fee per order to more than 20 to 40 yuan, stop them from taking orders from time to time, randomly dispatch orders, and logistical support perfuse them, which leads to loss of job and earning opportunities.
They asked for an increase in the delivery fee, an improvement in the delivery system, and a reduction in penalties for refusal to accept orders.
When the cost of food delivery continues to decrease, the delivery staff will have to work longer to earn back their previous income, and they may not work as much as the outside world thinks.
Earlier, the company cut the service fee for each order in response to the failure of the delivery staff to accept the order rate. It was not cancelled until mid-July this year.
When interviewed by Foodpanda couriers, they said that in recent months, the company has newly established a “stopped work” system. If they do not receive three to four orders in a row, their accounts will be suspended for 10 to 15 minutes. On the 7th, after questioning the company, I learned that there were continuous customer complaints and there was a chance of being suspended. I did not accept other explanations such as the customers deliberately making things difficult.
Secondly, there are also bicycle "infantry" receiving orders for food delivery across regions. They are exhausted and suspect that the company's move is to avoid sending orders to motorcycles and reduce service fees.
More work may not get more
According to the Labour Department, among the criteria for judging whether an employee or a self-employed person is work control, it includes "control over work procedures, time, and working methods" and "ownership and provision of equipment, tools and materials needed at work" "Wait.
Applying to the food delivery platform, although the company and the delivery staff have established a self-employed relationship, they are actually subject to the company’s computer programs and systems. These programs dominate work distribution and rewards and punishments. It can be said that the company controls a considerable degree of work control. .
In addition, the company also provides uniforms, insulation bags and other materials to the delivery staff. The situation of the delivery staff is similar to that of ordinary employees.
Even if they are not equivalent to employees, the delivery person cannot be regarded as a self-employed person as defined by the Labour Department.
When part of the job content of the courier is similar to that of employment, they have reasons to seek certain benefits and protection from the company.
Even though such protection will not significantly improve their actual wages and working hours, at least the rest days, annual leave, labor insurance and compensation for work injury and sickness provided by the Employees’ Compensation Ordinance under the Employment Ordinance can increase their Injury and accident protection.
In addition, they also have the opportunity to set up trade unions as employees and fight for their rights through negotiation and legal struggle.
Foodpanda deliverers arrived in Kwun Tong to protest.
(Photo by Mo Jiawen)
China and foreign countries have reformed the Hong Kong government not to sigh slow
Needless to say, the local food delivery platform couriers also carried out industrial actions in July this year and May last year. It was not just the Foodpanda family who initiated them. The issues of contention were also similar, reflecting that labor-management contradictions under the gig economy have become a chronic disease and it is difficult to rely solely on both employers and employees. solve.
In addition, because everyone can also be a courier and the labor supply is abundant, they lack the bargaining power to negotiate with the platform.
In the past, some workers have filed a complaint with the local court to clarify the nature of the work of the employees, proving that they have an employment relationship with the company, but their effectiveness is limited because the courts only resolve disputes between individual employees.
However, when the Secretary for Labour and Welfare, Law Chi-kwong, spoke in the Legislative Council bill in August this year, he still pointed out that the Labour Department was "mastering the working conditions of platform workers" and "exploring the feasibility of conducting statistical surveys". Regardless of their rights.
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In contrast, other societies have already responded through judicial and administrative channels.
In the United Kingdom, the Supreme Court ruled that Uber drivers are employees in February this year. The outside world expects that the government and business will revise the employment regulations on the ruling.
In the United States, the California government extended employee status to gig workers; in France, platform workers such as couriers can go offline or refuse to load without penalty.
In the Mainland, the National Development and Reform Commission and several departments issued guidance documents in July this year, directly requesting the food delivery platform to guarantee the delivery staff's salary, and not to use the "strictest algorithm" as an assessment requirement. At the same time, it is necessary to ensure their work safety. They participate in social insurance and other platforms, including Meituan and other platforms have also promised to follow, and Meituan has also improved its own algorithm to facilitate the delivery of orders.
The employment pattern has changed drastically. The Hong Kong government must reform employment-related regulations as soon as possible. Whether it starts with increasing the protection of self-employed persons or classifying some self-employed persons under the existing regulations as employees, it is certain that Hong Kong’s labor protection is absolutely absolute. Can't lag behind other places.
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