Elements of Employer-Employee Relationship Crucial in Determining Entitlement to Benefits of Delivery or Courier Riders
Employer-employee relationship will be the gauge in determining entitlement to labor Labor Standards benefits. The labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with.
On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 intending to shed light on the relationship between the parties.
The Labor Advisory does not mandate that this arrangement has automatically created employer-employee relationship. It primarily provides the test of existence of employment relationship to determine if the riders are employees or not.
Only when the riders are employees that they are entitled to the minimum benefits provided in the Labor Code. In addition, to the security of tenure, self-organization, and collective bargaining.
Below is a PDF copy of Labor Advisory 14, Series of 2021 (Original not mine):
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