NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. no1275
of the 0fLrftan>
*22 SEP-5 P2 37
Ri:aiV£D
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROVIDING FOR WORK BENEFITS AND SOCIAL PROTECTION TO ALL 
DELIVERY PLATFORM RIDERS WORKING IN THE GIG ECONOMY
EXPLANATORY NOTE
Section 18, Article II of the 1987 Constitution affirms labor as the primary social 
economic force and mandates the State to protect the rights of workers and promote 
their welfare. This commitment to safeguard rights of the labor force is reiterated in 
Article 3 of Presidential Decree No. 442, otherwise known as the "Labor Code of the 
Philippines," as renumbered.
Further, Section 3, Article XIII of the Constitution enumerates the cardinal labor 
rights of all workers, namely: 1) right to self-organization; 2) collective bargaining and 
negotiations; 3) peaceful concerted activities; 4) the right to strike in accordance with 
law; 5) security of tenure; 6) humane conditions of work; 7) a living wage; and 8) 
right to participate in policy and decision-making processes affecting their rights and 
benefits as may be provided by law.
During the COVID-19 pandemic, the gig economy has seen exponential growth, 
particularly those offering goods or services using online or app-based platforms. This 
pandemic-fueled boom translated to job generation and increased demand


opportunities for delivery platform riders while affording them flexibility of workload 
and schedule.
Demand for food and courier delivery platform services also increased with key 
industry players such as FoodPanda and Grab. According to the Grab's 2021 Food 
Delivery Industry Overview study, conducted in partnership with Euromonitor, growth 
in online food delivery is expected to be fastest in emerging markets such as Myanmar, 
Vietnam and the Philippines, with the total regional online food delivery Gross 
Merchandise Value (GMV) to more than triple from US$9 billion in 2020 to US$28 
billion in 2025.1
In response to this increasing demand for delivery platform services, the 
Department of Labor and Employment issued Labor Advisory No. 14, Series of 2021, 
entitled " Working Conditions of Deiivery Riders in Food Deiivery and Courier Activities," 
dated 23 July 2021.2 Said Labor Advisory, however, does not categorically declare 
delivery platform riders as regular employees. Instead, it provided guidelines to assist 
riders and digital platform companies in identifying the employment relationship 
between them, which would thereafter determine the workers' work benefits.
Without legal safeguards for their work conditions and benefits, delivery 
platform riders remain exposed to potential labor abuses and exploitation. Although 
considered as front liners during the pandemic, they were neither entitled to payment 
of hazard pay nor enjoyed social protection in case of accidents or injuries sustained 
while rendering work.
In order to improve the working conditions of all delivery platform riders, and 
at the same time protect the sustainable growth of businesses in the gig economy, 
particularly those engaged in the delivery platform industry, this Bill seeks to establish
1 https://www.qrab.com/sq/press/others/online-food-deliverv-spend-to-more-than-triple-in-southeast-
asia-bv-2025/
2 Labor Advisory No. 14-21 accessible at http://ro7.dole.qov.ph/fndr/mis/files/LA%2014- 
21%20Workinq%20Conditions%20of%20%20Deliverv%20Riders%20in%20Food%20Deliverv%20an
d%20Courier%20Activities(1).pdf.


an employer-employee relationship between riders and digital platform companies. As 
such, delivery platform riders rendering services through online or app-based 
platforms would be entitled to minimum wage, social protection, and more 
comprehensive work benefits at par with those currently enjoyed by regular 
employees.
This proposed measure affirms the shared responsibility between the State and 
business owners in promoting the protection of delivery platform riders within their 
employ as mandated by the Constitution and existing labor laws and regulations.
In view of the foregoing, immediate passage of this bill is earnestly sought.
FRANCIS
L" N. TOLENTINO


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
Senate
of tlje i3?Pfretr»r^
*22 SEP-5 P2 37
SENATE
s.no.1275
RLCE!VO:V
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROVIDING FOR WORK BENEFITS AND SOCIAL PROTECTION TO ALL 
DELIVERY PLATFORM RIDERS WORKING IN THE GIG ECONOMY
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
1 
SEC. 1. Short Tide. - This Act shall be known as the ^'Deiivery Piatform Riders
2 
Protection Act of2022."
3 
SEC. 2. Deciaration of Poiicy. - It is hereby declared the policy of the State to
4 
afford protection to labor, promote full employment, ensure equal work opportunities,
5 
and regulate relations between workers and employers. Towards this end, the State
6 
is mandated to improve working conditions of workers employed in new work
7 
arrangements, such as app-based drivers and riders by safeguarding their entitlement
8 
to a living wage and access to social protections as envisioned in the Constitution while
9 
supporting the sustainable growth of businesses in the gig economy, particularly those
10 
offering online or app-based courier and food delivery services.
11 
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall
12 
mean:
13 
a. Delivery platform work - refers to goods, courier, or food delivery
14 
services organized through a digital platform and performed by an
15 
individual on the basis of a contractual relationship, irrespective of
1


1 
whether a contractual relationship exists between the individual and the
2 
recipient of the service;
3 
b. Digital platform employer - refers to any person or entity who owns,
4 
manages, operates, and provides commercial delivery service of goods,
5 
courier, or food, which meets all of the following requirements:
6 
i. It is provided through electronic means, such as website or mobile
7 
application;
8 
ii. It involves allocation of work delivered at least in a distance or a
9 
specific geographical area;
10 
iii. It is provided on an on-demand basis or upon the request of the
11 
customer;
12 
iv. it involves, as a necessary and essential component, the
13 
organization of work performed by individuals, irrespective of
14 
whether that work is performed online or in a certain location;
15 
c. Delivery platform riders - refer to persons performing online platform
16 
deliveries by means of motorcycles or bicycles for a business entity that
17 
maintains an online-enabled application or platform used to facilitate
18 
delivery services on an on-demand basis, and maintains a record of the
19 
amount engaged time and engaged miles;
20 
SEC. 4. Existence of an Employer-Employee Relationship. - Every delivery
21 
platform rider shall be considered an employee of the digital platform employer he/she
22 
is engaged with.
23 
The employer-employee relationship between the two parties shall be assessed
24 
in accordance with existing laws, jurisprudence, and collective agreements, if any.
25 
The following principles shall guide the relationship of the delivery platform
26 
rider and digital platform employer:
27 
1. Four-fold test;
28 
2. Economic reality test; and
29 
3. Independent contractor test.
30 
SEC. 5. Benefits of Delivery Platform Riders. - All delivery platform riders are
31 
entitled to the following minimum benefits, as provided for in the Labor Code, as
32 
amended, and other applicable laws:


1 
a. Minimum wage;
2 
b. Holiday pay;
3 
c. Premium pay;
4 
d. Overtime pay;
5 
e. Night Shift differential;
6 
f. Service incentive leave;
7 
g. Thirteenth-month pay;
8 
h. Separation pay;
9 
i. Retirement pay;
10 
j. Occupational safety and health standards;
11 
k. Social benefits e.g. SSS, PhilHealth, Pag-IBIG; and
12 
I. Other benefits under existing laws and collective bargaining agreements, if any.
13 
SEC. 6. Delivery Platform Riders Independence. - A delivery platform rider is an
14 
independent contractor and not an employee or agent with respect to the digital
15 
platform employer after an assessment based on the principles enumerated in
16 
paragraph 3 of Section 4 of this Act and if the following conditions are met:
17 
a) The digital platform employer does not unilaterally prescribe specific dates,
18 
times of day, or a minimum number of hours during which the delivery platform
19 
rider must be logged into the online-enabled application or platform;
20 
b) The digital platform employer does not require the delivery platform rider to
21 
accept any specific delivery service request as a condition of maintaining access
22 
to the online-enabled application or platform;
23 
c) The digital platform employer does not restrict the delivery platform rider from
24 
performing delivery services through other platform companies except during
25 
engaged time;
26 
d) The digital platform employer does not restrict the delivery platform rider from
27 
working in any other lawful occupation or business.
28 
SEC. 7. Implementing Rules and Regulations. - Within sixty (60) days from the
29 
effectivity of this Act, the Department of Labor and Employment, in coordination with
30 
the Department of Trade and Industry and other relevant agencies and sectors, shall
31 
promulgate the implementing rules and regulations as may be necessary to carry out
32 
the provisions of this Act.


1 
SEC. 8. Separability Clause. - If any provision of this Act is declared invalid or
2 
unconstitutional, the provisions not affected thereby shail remain in full force and
3 
effect.
4 
SEC. 9. Repealing Clause. - All laws, presidential decrees, executive orders,
5 
presidential proclamations, ruies and reguiations or parts thereof contrary to or
6 
inconsistent with this Act are hereby repealed or modified accordingiy.
7 
SEC. 10. Effectivity. - This Act shaii take effect fifteen (15) days after its
8 
publication in the Official Gazette or in a newspaper of generai circulation in the
9 
Phiiippines.
Approved,