A significant ruling was recently issued by the National Human Rights Commission (NHRC) concerning the employment status of numerous food delivery platform riders in Thailand, who have raised concerns about unfair treatment by platform operators.
The NHRC declared that these riders are not independent business partners or freelancers but rather considered employees of the platform owners. This categorization aligns with specific sections of the Civil and Commercial Code and the Labour Protection Act BE 2541, entitling the riders to rights and social welfare protections similar to traditional employees.
In reaching this landmark decision, the commission studied legal precedents from various countries, including France, the United Kingdom, the Netherlands, and the US state of California, regarding the relationship dynamics between platform operators and their delivery personnel. It was concluded that platform operators wield enough control over and disciplinary power against riders to establish an employer-employee relationship.
Although the NHRC ruling is not legally binding on platform owners such as Line Man, Grab, and Robinhood, it serves as a significant call to action for the Ministry of Digital Economy and Society and the Ministry of Labour to ensure fair treatment of platform riders by enforcing employee rights.
Complaints from platform riders revolve around issues like “batch orders” that require increased deliveries without additional compensation, leading to delays and subsequent customer complaints. Such grievances can result in punitive actions, including reprimands and temporary work suspensions by the platform operators.
The food delivery industry has witnessed substantial growth in Thailand, especially during the Covid-19 pandemic, with people opting for home deliveries for safety reasons. This shift has become a preferred lifestyle choice, particularly in urban areas like Bangkok.
Statistics from the Kasikorn Research Centre indicate a significant expansion of the food delivery industry from 2014 to present, with a notable increase in trade volume, highlighting the sector’s economic importance.
Despite the industry’s success, riders have persistently raised concerns about inequitable treatment, such as decreased pay and increased workload, prompting calls for government intervention, particularly from the Labour Ministry, to ensure fairness and equitable treatment for all parties involved.
Crucial steps include clarifying the legal status of riders to guarantee basic rights accorded to employees and integrating them into the tax system to access comprehensive welfare benefits.
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