Food Delivery Platforms in Thailand Come Under Fire from Human Rights Body

After receiving complaints, the National Human Rights Commission (NHRC) discovered that many food delivery platforms did not consider riders as employees, forcing them to bear expenses like as uniforms, petrol, and depreciation charges on their own.

Supatra Nacapew, a member of the National Human Rights Commission (NHRC), stated that the majority of delivery riders claim to be paid for each delivery they make at the rate set by the platform owners, which does not include welfare provisions required by labor protection regulations.

Furthermore, these riders are not considered corporate employees under Section 33 of the Social Security Act. The companies do, however, offer additional benefits like as insurance, training courses, and service discounts.

She claims that these platform operators appear to exercise authority over riders by enforcing numerous rules including working hours, uniforms, and delivery assignments.

If food delivery riders refuse to comply, they may risk disciplinary action that impacts their working conditions or salary.

Because food delivery riders are not considered business partners, they have no participation in meetings or influence over corporate direction, and they must deal with third parties on their own when an incident occurs.

Ms Supatra defines rider employment as contract hiring, in which one person, known as the employee, agrees to provide services to another person, known as the employer, in accordance with Section 575 of the Civil and Commercial Code and Section 5 of the Labour Protection Act.

According to court rulings in numerous countries, including France, the United States, the United Kingdom, and the Netherlands, these riders are legally considered employees of the platform’s owner.

As a result, the acts of some delivery platform companies in Thailand would be considered a violation of fundamental human rights.

Following its meeting on March 19, the National Human Rights Commission (NHRC) recommended delivery platforms to provide wage rates and yearly leave in accordance with employment legislation.

The National Human Rights Commission (NHRC) also urged the Labour Ministry to evaluate the long-term implications of treating riders as employees.

“Certain measures must be also issued to ensure the fair treatment and protection of delivery riders in accordance with labour protection law,” she went on to say.

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