Page 13 - Voice and representation of platform driver in VietNam

70.0 70.0
60.0 60.0
11.5
50.0 50.0
Students
40.0 40.0
62.5
62.5
%
%
30.0 30.0
Employees in companies/household business
Employees in companies/household business
20.0 20.0
22.5
22.5
10.0 10.0
Self-employed
Self-employed
0.0 0.0 20.6 20.6 58.0 58.0 21.1 21.1 0.3 0.3 11.5 Students
18-2525 26-4040 41-6060 >60 >60 2.0 2.0
18-
26-
41-
Ages
Ages
Traditional bike-riders
Traditional bike-riders
CHAPTER 2: Defining the relationship of platforms and drivers 7
Figure 3: Family status of platform workers Figure 4: Housing status of platform workers
0.28%
0.28%
Single parent
7.04%
7.04% Single parent
Migrant, on rent
Single
Single Migrant, on rent
Married without
28.45%
28.45% Married without 35% 35%
Migrant, own
childr
childrenen Migrant, own
house
house
Married with
41.41%
41.41% Married with 0101
child child 59% 59% Local, on rent
Local, on rent
1.13% Married with 0202
1.13%
Married with
childr
Local, own house
21.69%
21.69% childrenen 3% 3% Local, own house
3% 3%
Married with
Married with 0303
childr
childrenen
Source: Survey of platform riders and drivers in Vietnam (n=355)
2.2. Defining the platform-driver relationship difficult to determine the existence of an employment
relationship.
The platform-driver relationship is a non-traditional,
non-standard one compared to the labour-management
relationship in the traditional economic sector. In this For full-time platform drivers, the income from ride-
research, we will explore the platform-driver relationship hailing apps constitutes their principal source of income.
in three aspects: legal, economic and technological. Their work is also carried out according to instructions
and under the control of the apps. However, platform
drivers have no such entitlements as periodic rest and
Legal relationship
holidays or social insurance. In theory, the drivers can
As a rider or driver applying to work for a ride-hailing turn off the apps when they do not want to work
app, s/he will sign a business partnership contract (‘hop and are not obliged to carry out work within specific
dong hop tac kinh doanh’) which is regulated by Art. working hours required by the other party.
28 of the 2014 Investment Law and Art. 504 of the
2015 Civil Code. In accordance with these contracts, The prolonged debate in Vietnam about the legal
the driver/rider is regarded as a ‘partner’ of the status of ride-hailing platforms (in comparison with
platform. However, among the 355 drivers and riders traditional transportation service providers) led to the
interviewed, none kept a copy of the contract with their promulgation of governmental Decree 10/2020/ND-
platforms. Some claimed there were no such contracts, CP on auto transport business and conditions for auto
while others said they were asked to sign electronic transport business attached with Circular No.12/2020/
contracts at the time of registration, but they received TT-BGTVT in 2020 by the Ministry of Transport. Decree
no (virtual or hard) copies. 10 opens up two options for ride-hailing platforms.
First, in order to provide transportation services in
Regardless of the type of contract signed between the context of controlling prices and coordinating
the two parties, the 2019 Labour Code specifies three drivers, these platforms can register themselves as
criteria for defining the existence of labour relations: transportation service providers, which also means they
(i) working conditions, rights and responsibilities of may need to treat their drivers as employees, rather than
each party in the transaction, (ii) direct payment from contractors and business partners. ‘Be’, a Vietnamese
the employer to the employee and (iii) under the ride-hailing and delivery platform, is among the few
24
management and monitoring of the employer (Art. 3.1). platforms registering as a service provider. However,
The relationship between the ride-hailing apps and the at the time of writing, Be riders and drivers have not
drivers clearly meets the first criterion: the regulations been recognised as employees.
for platform driver-partners, such as usage of their own
vehicles, driving licenses, uniforms, as well as the rights Second, the platforms can register as transportation-
and responsibilities of each party are specified in the connection software providers (‘don vi cung cap phan
business partnership contract. But, the platform does mem ho tro ket noi van tai’), which means they are not
not pay the driver-partners directly, which has made it directly involved in managing vehicles and drivers nor
24 https://vietnambiz.vn/khang-dinh-la-doanh-nghiep-van-tai-ceo-be-group-cho-rang-tat-ca-cong-ty-van-tai-deu-co-the-ap-dung-duoc-cong-
nghe-40-113615.htm
https://www.baogiaothong.vn/ung-dung-goi-xe-viet-dau-tien-nhan-la-doanh-nghiep-van-tai-d464412.html
Voice and representation of platform drivers in Vietnam