Lapid

Lapid: Protect delivery riders from scams, cancellations

August 6, 2022 PS Jun M. Sarmiento 305 views

SENATORS urged the need to protect delivery riders and drivers amid reports of various scams that victimize them.

As the economy is in the midst of a crisis, the law must protect those who are only trying to eke out an honest day’s work from scams that deprive them of income and put them in debt.

In this regard, Senator Manuel “Lito” Lapid has filed a bill to protect delivery riders and drivers against unjustified cancellation of orders or “no show” customers.

Lapid said these fraudulent acts result in a waste of time, effort, and money on the part of the delivery riders or drivers. What aggravates the situation further is that some of the canceling customers cannot be traced and be held accountable for collection as they use fake names, contact numbers, and/or addresses, the senator added.

“Sa higit dalawang taon nating pagharap sa pandemiya lalo sa gitna ng mga lockdown, marami sa atin ang umasa sa mga delivery riders para maihatid sa atin ang pagkain, grocery at iba pang pangangailangan natin dahil bawal o takot tayo lumabas. Sa gitna ng matinding panganib na sinusuong ng mga delivery riders, tuloy pa rin sila sa trabaho para maihatid ang serbisyo sa publiko at para kumita para sa kani-kanilang mga pamilya. Batid ko ang hirap ng mga delivery riders kaya sa pamamagitan ng panukalang batas na ito, isinusulong ko ang proteksyon para sa kanila para hindi sila malugi o maagrabyado sa kanilang trabaho,” Lapid explained.

The proposed measure aims to ascertain whether the rights of the delivery riders or drivers are respected and whether the obligations imposed to food, grocery, and pharmacy delivery service providers are fulfilled.

This bill prohibits any food, grocery, and pharmacy delivery service providers from requiring delivery riders or drivers to advance any monetary amount for the fulfillment of orders.

If confirmed orders are canceled, the service provider shall pay the delivery riders or drivers for the service fee due them as if the transaction was successful. In turn, it shall be the duty of service providers to pursue claims for collection from their canceling customers.

This bill also includes that any investigation or inquiry conducted by the service providers on the propriety or validity of the cancellation shall not affect the right of the riders/drivers to collect their respective service fees as provided under this section.

Any food, grocery, and pharmacy delivery service provider who shall be found to violate the prohibition on requiring monetary advances from delivery riders or drivers shall, upon conviction, be subject to the penalty of arresto mayor and/or fine of an amount not exceeding P100,000 and the licenses and permits of said violators shall be revoked.

“Sa aking isinusulong na na panukala, hindi lang ang mga service providers ang may pananagutan sa mga cancelled order kung hindi pati ang mga customer. Bilang mga customer, dapat din tayong maging responsable at sigurado sa mga order natin para hindi nasasayang ang pagod at puhunan ng ating mga delivery riders. Batid kong marami naman sa atin ang mga responsableng customers pero ang panukalang ito ay bilang proteksyon sa mga customers na nanloloko o sadyang nang-iisa lamang sa mga delivery riders/drivers,” Lapid added.

For his part, Sen. Jose Jinggoy Ejercito Estrada has filed a bill that will shield bus drivers and conductors from rising fuel prices and a measure ensuring social welfare services benefits and other livelihood assistance for public utility vehicle (PUV) drivers.

Estrada has sought to legislate the regulation of the compensation of public utility bus (PUB) drivers and conductors by requiring the operators to grant fixed salaries and working hours.

“A simple computation will show that drivers currently earning P900 a day and working more than 12 hours a day for three days a week will receive almost the same income based on the minimum wage for those working eight hours a day for six days. The difference is that under this proposed legislation, drivers will get enough rest while operators will spend almost the same amount for salaries,” the senator said in filing Senate Bill No. 48 or the proposed Bus Drivers and Conductors Compensation Act.

“With the assurance of fixed salaries on a regular basis, PUB drivers and conductors will no longer be pressured or be forced to work beyond humane working hours. Serious accidents and traffic problems involving those buses will also be significantly lessened,” Estrada added.

The lawmaker stipulated in his bill that PUB drivers shall not be made by their operators to drive more than eight hours straight and that there should be a two-shift system and at least one-hour rest per working day.

Also, the monthly salary of PUB drivers and conductors shall not be less than the minimum wage fixed by law and shall be paid in cash at least once every two weeks, Estrada said, adding that benefits and incentives provided in the Labor Code and related laws shall also be accorded to drivers and conductors.

To raise the standard of living of drivers and their families, Estrada proposed to have PUV drivers be covered in the Social Security System (SSS), Philippine Health Insurance Corp. (PhilHealth), Home Development Mutual Fund or Pag-Ibig and Employees Compensation Commission (ECC).

Livelihood and credit assistance will also be available to help augment their family income.

In Senate Bill No. 289 or the proposed Comprehensive Assistance Program for Public Utility Vehicles Drivers Act, the PUV operators are mandated to pay the equivalent amount of the monthly contribution paid for by the PUV drivers in the said social welfare services.

The Land Transportation Office’ (LTO) Office of the Transport Cooperative (OTC), in coordination with the Cooperative Development Authority (CDA) and other concerned agencies, shall be tasked to formulate and implement a comprehensive livelihood and credit assistance program for all PUV drivers to improve their socio-economic condition.

“The transport sector, particularly the PUVs, continues to be one of the most neglected sectors in the country. Most of them earn on a commission basis while others are on a ‘boundary’ scheme which only aggravates their poor working conditions,” Estrada said.

“Kung may mga benepisyong makukuha nila sa SSS, Pag-Ibig at iba pa, may maaasahan sila pati na rin ang pamilya nila na maaaring tumugon sa mga gastusin nila,” Estrada said.