Many of us have read about the recent Supreme Court ruling ordering Lazada to reinstate five of their “illegally dismissed” riders whom they hired in 2016 and dismissed in 2017. Know more:
Many of us have read about the recent Supreme Court ruling ordering Lazada to reinstate five of their “illegally dismissed” riders whom they hired in 2016 and dismissed in 2017. The complaint was previously dismissed by the Labor Arbiter, the NLRC, and the Court of Appeals. Six years after the said dismissal, the highest court of the land would rule otherwise—in favor of the workers.
The issue of whether there is an employee-employer relationship in cases like this has been a topic of argument for decades, specifically where it concerns “independent contractors.” Many labor groups have sought the outright ban on contractualized labor. That is why to some people, the ruling of Senior Associate Justice Marvic Leonen is remarkable.
The Court said that “Lazada failed to discharge its burden of proving that the five were independent contractors, rather than regular employees.” The Supreme Court found that the following factors were all present: the employer’s selection and engagement of the employee; payment of wages; power to dismiss; and the power to control the employee’s conduct. The Court also said that the riders were economically dependent on Lazada for their continued employment due to being directly hired.
In today’s economy where freelancers make up a huge percentage of our labor force, this matter needs to be looked at more closely and referenced upon in cases of dispute. The law is to be followed even if there is a contract, as mentioned in the Supreme Court decision on this particular case: “Protection of the law afforded to labor precedes over the nomenclature and stipulations of the Contract….
Riders and drivers have become a huge part of our daily lives. This became even more pronounced during the pandemic. They deliver our documents and goods, pick up our food, drive us around, and so on. And yet we often find them on viral videos being beaten or berated, on controversial shows complaining about certain injustices done to them. Many of them face challenges related to their companies’ policies, their customers’ unfair behavior, or risks on the road.
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