SINGAPORE: When discussions between a platform company and an association for platform workers reach a stalemate, there is little that can be done to push for a resolution. That is because associations do not have a legal mandate to represent platform workers.
This could soon change, however, after the government on Wednesday (Jul 12) accepted recommendations by the Tripartite Workgroup on Representation for Platform Workers.
The workgroup, formed in August last year, had proposed eight recommendations.
They cover the recommended process for an organisation or association to obtain a mandate to represent platform workers, the scope of negotiations that such an organisation can engage in with a platform company and how disagreements can be resolved.
This comes after an Advisory Committee on Platform Workers said representation for platform workers should be enhanced.
Platform workers include delivery riders, private-hire car drivers and taxi drivers who use online platforms. There were around 88,000 platform workers in Singapore last year.
Recommendations from the tripartite workgroup take reference from the way unions represent employees in an industry or company, but adjustments were made based on differences between platform workers and employees.
During consultations, platform worker representatives said they need a legally empowered voice to negotiate with platform companies on issues such as improving earnings, welfare and work prospects.
At a dialogue with 120 platform workers, Dr Koh Poh Koon, adviser of the tripartite workgroup, said many workers want to have a voice for themselves and to "negotiate on a balanced relationship" with companies.
"With representative bodies, platform workers can better negotiate for (their) interests and platform operators will also benefit from clear processes and rules for negotiation, and more efficient dispute management," said Dr Koh, who is also Senior Minister of State for Manpower.
Platform companies have internal processes for platform workers to provide feedback, submit enquiries and raise grievances, but there are challenges that limit workers from collectively voicing and negotiating, the workgroup said in a report.
When associations – such as the National Taxi Association, National Private Hire Vehicles Association and National Delivery Champions Association – negotiate with platform companies, there are obstacles to moving beyond an informal dialogue.
In a joint statement, representatives from the associations said platform workers can look forward to clear processes and rules that will make it easier to negotiate.
"As platform workers ourselves, we understand the unique struggles that platform workers face in our work," they said.
NTUC secretary-general Ng Chee Meng said the acceptance of the recommendations is a significant milestone.
"We seek to work closely with our partners and platform workers, to champion them in the areas of better wages, welfare and work prospects," he said.
A platform worker representative body will be able to obtain a mandate through direct recognition from the platform company or through a secret ballot after it has been registered with the government.
With the exception of those who are very new or inactive, all platform workers will be able to vote in the event of a secret ballot.
If an organisation informs a platform company that it intends to represent platform workers on Apr 1, those who signed up with the platform on or after Jan 1 would be considered “very new” and will not be eligible to vote.
“Inactive” workers who have not taken any jobs between Jan 1 and Apr 1 will also not be eligible.
In this way, the focus is on platform workers who have a greater stake in negotiated outcomes, the report said.
Voting will be conducted by the Ministry of Manpower (MOM) and will be done electronically. MOM will determine the duration and date of the ballot, and disseminate information on how to access the voting system.
The representative body must gain majority support from those who vote, and at least 20 per cent of eligible workers must cast their votes for the poll to be valid.
That compares with an employee union needing majority support, or more than 50 per cent of all employees it seeks to represent, in order to obtain a mandate.
These recommendations were based on the fact that platform workers are geographically dispersed and transient compared to typical employees.
The tripartite workgroup also said direct recognition would be preferred compared to a secret ballot because it “sets a better tone for a collaborative relationship”. If the platform company directly recognises the organisation that wants to represent its workers, no voting will be needed.
The workgroup recommended flexibility in determining the areas for negotiation, as the industry is evolving.
Hence, representative bodies will be able to negotiate all matters, including contractual terms and working conditions, with platform companies, as long as both sides agree to do so.
If there are disagreements over whether an issue should be negotiated, MOM will step in to work toward reconciliation. Should that fail, the dispute can be moved to the Industrial Arbitration Court, where the decision will be final.
For unions representing employees, matters under the management’s prerogative are generally not negotiated unless employers exercise their discretion improperly.
Negotiations between platform worker representative bodies and platform companies will be guided by four principles. First, that parties are committed to the success of platform companies and the welfare of platform workers, second, that companies should be able to explain policies that affect workers so they can make informed decisions.
Third, flexibility should be preserved and fourth, platform companies are allowed to use technology to encourage and maintain workers’ service standards while workers have access to fair, timely and appropriate avenues of recourse.
Key issues that could be negotiated include payment rates and job allocation, timely information sharing and safeguarding health and safety, the report said.
If the representative body reaches a collective agreement with the platform operator, both parties should be held accountable. The tripartite workgroup recommends that the agreement be certified by the Industrial Arbitration Court so it will be binding on both parties.
Unresolved collective disputes should also be surfaced to MOM for conciliation, and to the Industrial Arbitration Court if conciliation fails. A similar process could be used to resolve individual grievances.
"The Government will work closely with tripartite partners, platform workers and platform operators to implement the recommendations from the second half of 2024," MOM said in a press release.
Mr Darryl Chua, operations director at foodpanda Singapore, said the principles that guide negotiations protect the interests of all parties in the ecosystem, which is crucial in ensuring the long-term sustainability of platform work.
"We look forward to deeper discussions around platform work and its challenges – such as access to safe and available parking when they conduct deliveries."
Mrs Grace Wu, a spokesperson for ComfortDelGro, said the company believes having representation for platform workers contributes to improving welfare in the industry.
Dr Koh also told platform workers at the dialogue on Wednesday that the authorities have been working on implementation details of work injury compensation and Central Provident Fund (CPF) contributions.
Regarding the eligibility for injury compensation, he said the definition of "at work" would be during the pick-up or drop-off of items or passengers, including the time when the worker is returning to his or her vehicle.
"Even the process of trying to get to the pick-up point, or get to the place of picking up the passenger, that can be still considered at work," he said.
"We hope to provide as reasonable and as comprehensive a set of coverage as possible, so that your risk at work can and should be taken into account in the compensation regime."
For compensation for income loss due to injuries at work, Dr Koh said it would be based on the average of the worker's actual earnings in the 90 days before the injury.
He added that the government has been working closely with platform operators to develop a CPF collection mechanism that is simple to implement and use.
"For all of these things to come to pass, we need to enact new legislation.
"These strengthened protections will commence sometime in the second half of 2024, so we hope to be able to table this new law to Parliament soon."
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This could soon change, however, after the government on Wednesday (Jul 12) accepted recommendations by the Tripartite Workgroup on Representation for Platform Workers.
The workgroup, formed in August last year, had proposed eight recommendations.
They cover the recommended process for an organisation or association to obtain a mandate to represent platform workers, the scope of negotiations that such an organisation can engage in with a platform company and how disagreements can be resolved.
Related:
This comes after an Advisory Committee on Platform Workers said representation for platform workers should be enhanced.
Platform workers include delivery riders, private-hire car drivers and taxi drivers who use online platforms. There were around 88,000 platform workers in Singapore last year.
Recommendations from the tripartite workgroup take reference from the way unions represent employees in an industry or company, but adjustments were made based on differences between platform workers and employees.
During consultations, platform worker representatives said they need a legally empowered voice to negotiate with platform companies on issues such as improving earnings, welfare and work prospects.
At a dialogue with 120 platform workers, Dr Koh Poh Koon, adviser of the tripartite workgroup, said many workers want to have a voice for themselves and to "negotiate on a balanced relationship" with companies.
"With representative bodies, platform workers can better negotiate for (their) interests and platform operators will also benefit from clear processes and rules for negotiation, and more efficient dispute management," said Dr Koh, who is also Senior Minister of State for Manpower.
Platform companies have internal processes for platform workers to provide feedback, submit enquiries and raise grievances, but there are challenges that limit workers from collectively voicing and negotiating, the workgroup said in a report.
When associations – such as the National Taxi Association, National Private Hire Vehicles Association and National Delivery Champions Association – negotiate with platform companies, there are obstacles to moving beyond an informal dialogue.
In a joint statement, representatives from the associations said platform workers can look forward to clear processes and rules that will make it easier to negotiate.
"As platform workers ourselves, we understand the unique struggles that platform workers face in our work," they said.
NTUC secretary-general Ng Chee Meng said the acceptance of the recommendations is a significant milestone.
"We seek to work closely with our partners and platform workers, to champion them in the areas of better wages, welfare and work prospects," he said.
REPRESENTATION FOR PLATFORM WORKERS
A platform worker representative body will be able to obtain a mandate through direct recognition from the platform company or through a secret ballot after it has been registered with the government.
With the exception of those who are very new or inactive, all platform workers will be able to vote in the event of a secret ballot.
If an organisation informs a platform company that it intends to represent platform workers on Apr 1, those who signed up with the platform on or after Jan 1 would be considered “very new” and will not be eligible to vote.
“Inactive” workers who have not taken any jobs between Jan 1 and Apr 1 will also not be eligible.
In this way, the focus is on platform workers who have a greater stake in negotiated outcomes, the report said.
Voting will be conducted by the Ministry of Manpower (MOM) and will be done electronically. MOM will determine the duration and date of the ballot, and disseminate information on how to access the voting system.
The representative body must gain majority support from those who vote, and at least 20 per cent of eligible workers must cast their votes for the poll to be valid.
That compares with an employee union needing majority support, or more than 50 per cent of all employees it seeks to represent, in order to obtain a mandate.
Related:
These recommendations were based on the fact that platform workers are geographically dispersed and transient compared to typical employees.
The tripartite workgroup also said direct recognition would be preferred compared to a secret ballot because it “sets a better tone for a collaborative relationship”. If the platform company directly recognises the organisation that wants to represent its workers, no voting will be needed.
SCOPE OF NEGOTIATIONS
The workgroup recommended flexibility in determining the areas for negotiation, as the industry is evolving.
Hence, representative bodies will be able to negotiate all matters, including contractual terms and working conditions, with platform companies, as long as both sides agree to do so.
If there are disagreements over whether an issue should be negotiated, MOM will step in to work toward reconciliation. Should that fail, the dispute can be moved to the Industrial Arbitration Court, where the decision will be final.
For unions representing employees, matters under the management’s prerogative are generally not negotiated unless employers exercise their discretion improperly.
Related:
Negotiations between platform worker representative bodies and platform companies will be guided by four principles. First, that parties are committed to the success of platform companies and the welfare of platform workers, second, that companies should be able to explain policies that affect workers so they can make informed decisions.
Third, flexibility should be preserved and fourth, platform companies are allowed to use technology to encourage and maintain workers’ service standards while workers have access to fair, timely and appropriate avenues of recourse.
Key issues that could be negotiated include payment rates and job allocation, timely information sharing and safeguarding health and safety, the report said.
If the representative body reaches a collective agreement with the platform operator, both parties should be held accountable. The tripartite workgroup recommends that the agreement be certified by the Industrial Arbitration Court so it will be binding on both parties.
Unresolved collective disputes should also be surfaced to MOM for conciliation, and to the Industrial Arbitration Court if conciliation fails. A similar process could be used to resolve individual grievances.
"The Government will work closely with tripartite partners, platform workers and platform operators to implement the recommendations from the second half of 2024," MOM said in a press release.
Mr Darryl Chua, operations director at foodpanda Singapore, said the principles that guide negotiations protect the interests of all parties in the ecosystem, which is crucial in ensuring the long-term sustainability of platform work.
"We look forward to deeper discussions around platform work and its challenges – such as access to safe and available parking when they conduct deliveries."
Mrs Grace Wu, a spokesperson for ComfortDelGro, said the company believes having representation for platform workers contributes to improving welfare in the industry.
UPDATES ON WORK INJURY COMPENSATION, CPF
Dr Koh also told platform workers at the dialogue on Wednesday that the authorities have been working on implementation details of work injury compensation and Central Provident Fund (CPF) contributions.
Regarding the eligibility for injury compensation, he said the definition of "at work" would be during the pick-up or drop-off of items or passengers, including the time when the worker is returning to his or her vehicle.
"Even the process of trying to get to the pick-up point, or get to the place of picking up the passenger, that can be still considered at work," he said.
"We hope to provide as reasonable and as comprehensive a set of coverage as possible, so that your risk at work can and should be taken into account in the compensation regime."
For compensation for income loss due to injuries at work, Dr Koh said it would be based on the average of the worker's actual earnings in the 90 days before the injury.
He added that the government has been working closely with platform operators to develop a CPF collection mechanism that is simple to implement and use.
"For all of these things to come to pass, we need to enact new legislation.
"These strengthened protections will commence sometime in the second half of 2024, so we hope to be able to table this new law to Parliament soon."
Continue reading...