Delivery platform operators failing to acknowledge their delivery riders as employees are under scrutiny for potential violations of labor protection laws, asserts the National Human Rights Commission (NHRC).
Following a spate of complaints, the NHRC’s investigation uncovered instances where delivery platforms skirted responsibility by categorizing riders as independent contractors, thereby shirking expenses like uniforms, fuel, and depreciation costs.
Supatra Nacapew, an NHRC member, highlighted the prevalence of delivery riders being compensated solely based on each completed delivery, without the inclusion of mandatory welfare provisions mandated by labor laws.
Furthermore, these riders remain unregistered as formal employees under the Social Security Act’s Section 33, although companies extend certain perks such as insurance coverage, training programs, and service discounts.
Nacapew noted the overarching control exerted by platform operators through various regulations governing working hours, attire, and delivery assignments, imposing penalties on non-compliant riders that directly impact their working conditions or pay.
Lamentably, due to their non-employee status, riders lack representation in crucial business decisions, leaving them vulnerable to navigating disputes with third parties alone.
Citing legal frameworks in countries like France, the USA, the UK, and the Netherlands, where delivery riders are recognized as employees, Nacapew underscored the potential violation of fundamental human rights by certain platform operators in Thailand.
In response, the NHRC, following its March 19 meeting, has urged delivery platforms to align wage rates and annual leave entitlements with employment regulations, stressing the need for fair treatment and protection of delivery riders as per labor laws.
Additionally, the NHRC has called on the Labor Ministry to evaluate the long-term ramifications of recognizing riders as employees, emphasizing the necessity of implementing measures to uphold their rights and safeguard their welfare.
