Labor court orders reinstatement of 131 Ninja Van riders

Hope for the New Year became reality for platform workers after the National Labor Relations Commission (NLRC) Fifth Division in December ordered the reinstatement of 131 riders of Ninja Van Philippines who were found to have been illegally dismissed.

The NLRC’s decision, dated Dec. 19, 2025, was received by the Ninja Van Riders Union, a chapter of the Federation of Free Workers (FFW), on Dec. 27, 2025.

The Commission said in its ruling that NinjaVan’s allegations of absence without leave (AWOL) were contradicted by its management’s own records and admissions.

They cited notices of absences, with reasons including house fire, sickness, withholding of gasoline allowance, and additional delivery assignments.

The decision also cited the use of an “independent contractor account” under another rider’s name, noting the same riders were actively performing delivery tasks for the company’s benefit.

“Spears cannot simply block the continued struggle to achieve workers’ rights. Victory can be reached with principle and dignity,” said Dick Pacioles, president of the Ninja Van Riders Union-FFW.

The release said the ruling also exposed union-busting, with the NLRC affirming the riders’ right to unionize and finding that management may not interfere—directly or indirectly—with union organizing efforts.

It cited management’s hiring of so-called “independent contractors” to perform the same tasks of regular riders, which the release said deprived union members of delivery assignments and income in retaliation for union activities.

The NLRC declared: “Here, the totality of circumstances clearly points to a scheme of constructive dismissal masked as the implementation of performance standards through the Riders’ Performance Evaluation (RPE). Respondents relied heavily on the alleged RPE failures of the complainants as justification for termination. However, this reasoning crumbles upon scrutiny of the context and surrounding facts.”

“This ruling sends a clear message: platform work does not erase labor rights. FFW urges workers in the platform economy—and across all industries—not to be afraid to organize into unions. Freedom of association is not a legal fiction; it is a right rooted in our shared humanity and recognized by the State as a means to improve the lives of workers and their families,” FFW President Atty. Sonny Matula emphasized.

“It is a right deeply rooted in human dignity.”

The NLRC also ruled that the evidence on record clearly establishes violations of Article 259(a) of the Labor Code, which makes it unlawful for an employer.

The Commission stressed that unfair labor practice (ULP) is not limited to overt threats or written directives, but includes any act that, directly or indirectly, interferes with the free exercise of organizational rights.

The ruling comes amid growing concern over what labor groups describe as the systemic misclassification of platform workers as independent contractors, a practice they say has deprived riders and other platform workers of basic labor rights, including the right to unionize and bargain collectively.

The release said the issue is also gaining attention globally, with the International Labour Organization (ILO) set to adopt a new convention on platform work in June aimed at ensuring respect for platform workers’ rights worldwide.

“Ang pagko-contract out ng trabaho ng regular na empleyado—na ginagawa mismo ng mga kasapi ng unyon—ay malinaw na unfair labor practice. Ang contracting-out ng trabahong ginagampanan ng union members ay isa ring malinaw na ULP sa ilalim ng Article 259 ng Labor Code,” Pacioles added.

Labor and union officials said the decision underscores that labor protections apply even in app-based, delivery-driven work arrangements, and they urged platform workers to organize and assert their rights under existing labor laws.