Labor protection for delivery men: the great political debt

Precarious employment in Peru goes by motorcycle and brings your purchases to your doorstep (although they are limited to the top districts of their regions): 9 out of 10 delivery drivers are not clear about their relationship with the companies that bill in our country, but they do not pay taxes because they are domiciled abroad, remember Alejandra Dinegrosociologist and director of the Peru Platforms Observatory.

So far there is no official figure on the number of delivery people who work with mobile applications, but it is estimated that 46,000 people work in this area only in metropolitan Lima. 80% would be foreigners.

Changes in sight?

The Congressional Labor Commission approved a majority opinion in mid-June —after the casting vote of its president, Sigrid Bazán— that standardizes the essential labor rights for motorists: 20% of its members must be dependent, since they do there is a working relationship with apps such as PedidosYa, Rappi or Didi Food (see infographic).

In essence, the distributors must be insured in Essalud and in a pension system; receive payment from the employer for their service —the rates would now be regulated by the Ministry of Transport and Communications (MTC) and the Ministry of Labor and Employment Promotion (MTPE)— and health insurance not only when the service is provided, but also before and after.

“It is a truly great reality, the helplessness in which motorists find themselves. This activity has come to stay forever”, mentioned Susel Paredes, author of one of the projects covered by the validated opinion.

Even before the coronavirus, the MTPE established a working group that found signs of labor, for which a maximum daily working day must be set to preserve the integrity of the delivery drivers and for companies to provide protective equipment and adapt communication channels, mostly.

Integrity above all things

Dinegro indicates that the changes do not seek to condemn the platforms or scare away companies from the market, and only aim to protect motorists. 80% of the distributors of the apps recognize that their only source of income is delivery, and also, of the total number of distributors calculated, 80% work up to 13 hours a daysustains.

The guarantee would materialize with the signing of a contract registered in the MTPE, and not only with the terms and conditions with which the apps attract their distributors. The specialist adds that there is no evidence of blows to the industry or that costs would increase at a gallop or companies would leave Peru, and, on the contrary, respond only to a “counter-campaign” of corporate interests.

“Rather, we show evidence that, despite the bottleneck of the labor relationship, there are changes in favor of raising wages, safety and health at work. Oxford is in dialogue with Glovo and Cabify in other countries to provide their distributors with elements such as insurance and protocols to avoid situations of harassment or discrimination. They don’t want to leave or raise their rates,” he says.

The sector will be denatured, warn unions

Jaime Dupuy, spokesperson for ComexPerumaintains that the initiative of the Labor Commission transgresses a sector born to provide services independently.

He is in favor of ensuring the contribution of motorists to a pension system, but not to insurance, “since we all have Comprehensive Health Insurance (SIS).” In addition, by providing that “everyone enters the payroll”, the operation of these platforms “that are not transportation or food sales companies” is distorted in a collaborative economy scheme.

According to Dupuy, the minority opinion promoted by Adriana Tudela (Avanza País) —which was stalled— is the most accurate because it guarantees partnership with companies and revenue is not at risk delivery drivers by abruptly changing the load on the applications.

“If approved in plenary, this project would cause thousands of independents to lose sources of income. The platforms mediate, they do not provide transportation or delivery services. It would go backwards in digital transformation ”, he stated, not before remembering, that in Spain the rider law can be seen as a harbinger of what would happen in Peru. Facing the new legislature, it is expected to make adjustments with a substitute text so that the change is more comprehensive, Dinegro concluded.

Motorized denounce blockades

In dialogue with La República, representatives of delivery apps have warned that firms such as Rappi and Didi Food They have massively blocked users who went to the protests to demand dialogue tables where they are truly heard and not just sit down to “see slides on how the app works.”

From rappi They assured this newspaper that they are always open to dialogue and to achieve the well-being of the distributors, but they argue that the project of the Labor Commission is not the alternative because it limits flexibility and puts more than 100,000 people at risk of generating income.

reactions

“Let’s not copy the Chilean model that does not recognize the employment relationship or subordination; when there is. Delivery drivers deserve a contract registered in MTPE and labor rights”, he mentions Alejandra DinegroDirector of the Peru Platforms Observatory

“This project would cause thousands of independents to lose sources of income. The platforms mediate, They do not provide transportation or delivery services.“, said Jaime DupuyLegal Affairs Manager at ComexPerú.