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2022 ILS Studies

Policy Notes on Expanded Case Analysis of Selected Foreign Jurisprudence on the Determination of Employer-Employee Relationship in the Platform Industry

How foreign courts or tribunals resolved issues  related to employee-employer relationship  between delivery riders and platform owners.

Summary of each case and the highlights of  foreign court decisions.

Food delivery and courier services rider: Employee  or self-employed independent contractor?


Almost all the cases decided by the foreign courts relied mostly on factual evidence presented by the delivery riders, which served as their primary arguments before the court.

The most common factual evidence among the cases is the presence of control and  supervision of the delivery riders’ performance of work, and it has become an indispensable  argument in every stage of the proceeding.

Most of the cases involve the existence of a “contract” between the riders and platform business owner.

It is persistently the country’s respective Civil Code that serve as the main  source of the court’s ruling.

Most of the courts recognized the impact of Information and Technology  (IT) on the world of work, particularly in the platform industry.

Overall, the primacy of labor prevailed over the autonomy and privity of  contracts.

Researcher: Ivan Cassidy F. Villena

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