Philippine unions link platform work to bargaining rights

GENEVA, Switzerland — Philippine labor unions pressed for stronger global protections for platform workers as the 114th International Labour Conference examined the country’s compliance with ILO Convention No. 98 on the Right to Organise and Collective Bargaining.

The unions said the review of the Philippines’ observance of Convention No. 98 is closely tied to another major discussion at the conference: the proposed international Convention and Recommendation on decent work in the platform economy.

The International Labour Organization said the 114th International Labour Conference is discussing decent work in the platform economy, gender equality at work, social dialogue and tripartism, among other issues. The platform economy committee is undertaking a second discussion on proposed global labor standards.

Labor leaders from Kilusang Mayo Uno, NAGKAISA Labor Coalition and the Trade Union Congress of the Philippines said the proposed instrument seeks to address employment classification, algorithmic management, social protection, occupational safety and health, and the right of platform workers to organize and bargain collectively.

They said the urgency is clear in the Philippines, where only 307,788 workers, or less than 1% of a workforce of more than 50 million, are covered by collective bargaining agreements.

Labor groups said collective bargaining “cannot remain confined to shrinking islands of regular employment” while millions of workers in the digital economy remain outside labor protection.

They said the challenge is formidable because some of the world’s largest and most powerful corporations continue to resist regulation and collective bargaining rights for platform workers.

SENTRO Chief Legal Counsel Arnold de Vera said labor protections must keep pace with technology and changing forms of employment.

“Labor rights do not end where algorithms begin. If collective bargaining is to have a future, it must include the workers behind the apps,” de Vera said.

Philippine labor groups said support for international labor standards is consistent with the country’s long-standing participation in the international community.

“No worker is an island” has become a recurring theme among workers attending the conference, labor leaders said.

They said nations gather in international forums not merely to debate principles but to develop common standards, undertake commitments and strengthen respect for human dignity at work.

The Philippines ratified ILO Convention No. 98 on Dec. 29, 1953, according to the ILO’s Normlex database.

Convention No. 98, adopted in 1949, protects workers against anti-union discrimination and promotes voluntary collective bargaining.

Philippine labor groups also cited Supreme Court rulings involving Lazada riders — Ditiangkin, Borromeo and Mendaros — as a useful guide for the ILO negotiations on platform work.

In Ditiangkin, the Supreme Court ruled in favor of dismissed Lazada riders and found that Lazada failed to prove that the riders were independent contractors rather than regular employees, according to the court.

In Borromeo, the Supreme Court dealt with Lazada riders who argued they were employees, not independent contractors, citing the earlier Ditiangkin ruling involving similar facts.

In Mendaros, the Supreme Court again referred to Ditiangkin, noting that the court had found Lazada riders to be regular employees.

Labor groups said the Supreme Court made clear that when a company claims a worker is not its employee, the burden of proof rests on the company, not on the worker.

Workers’ representatives said the same principle should guide the emerging international standard on platform work.

They said labor rights should not disappear simply because management is exercised through an app, an algorithm or a contractor agreement.

The unions said the Philippines voluntarily participates in the ILO, takes part in discussions, helps shape international labor standards and ratifies conventions it agrees to uphold.

They said the same principle applies to Convention No. 98, which the Philippines discussed, adopted, signed and ratified as part of the international community of nations.

Workers argued that international commitments should not be viewed as external impositions but as sovereign undertakings voluntarily accepted by states.

Labor groups said the proposed Convention and Recommendation on platform work represent the next frontier of labor rights.

They said previous generations of workers fought for freedom of association, collective bargaining, minimum wages, and occupational safety and health.

Today’s challenge, they said, is ensuring that workers in the digital economy are not left behind.

Labor groups called on governments, employers and workers to use the 114th International Labour Conference to ensure that the future of work remains grounded in freedom of association, collective bargaining and social justice.