Page 23 - Voice and representation of platform driver in VietNam

CHAPTER 3: Loyalty, exit or voice? Platform workers’ organising strategies 17

to create an employer where none existed, People’s Committee asking for clarification of Decree
providing workers who would otherwise be 126/2020/ND-CP.
42
classified as self-employed with the security
of a formal employment relationship. The In accordance with the 2013 VGCL Charter, the
cooperative will mediate between workers and syndicates do not have the right to represent their
their clients, so that clients become the clients members in collective bargaining. As the platform
of SMart, and workers become the employees companies are not recognised as employers of
of SMart. platform workers, the syndicates limit their mandate to
transferring members’ demands to the local authority
Legal Strategies rather than representing them in negotiations with the
platforms.
The New York Taxi Worker Alliance (NYTWA),
discussed more extensively in the section on When asked how to better protect drivers’ rights and
organising, has also helped workers bring interests, nearly 80 percent of drivers and riders called
multiple cases against Uber. Initially, NYTWA for the selection of their own representatives to hold
assisted two Uber drivers with filing a successful formal dialogues with platform companies on upcoming
unemployment claim against the company policy changes. Almost 77 percent of drivers also asked
(Rivoli, 2016). This ruling may create subsequent for more effective channels to provide feedback on
opportunities for workers to gain employment- platform policies as well as work conditions, with 65.5
Figure 13: What are the necessary changes to protect better drivers’ rights and interests?
related protections including unemployment, percent wanting to establish unions (Figure 13).
guaranteed minimum wage, and other social
protection measures. In the United Kingdom, Figure 13: What are the necessary changes to protect
GMB - the union for professional drivers, was better drivers’ rights and interests? (n=351) 43
successful in bringing forth, to date, one of the
largest cases regarding worker misclassification
against Uber. GMB argued that despite
Uber’s classification of drivers as independent Establishing unions 65.53
contractors, a more appropriate classification for
drivers would be the United Kingdom’s ‘worker’
status. The ruling provided 30,000 drivers across
the United Kingdom access to basic employment Representatives of drivers
provisions including holiday pay, minimum to dialogue with platforms 79.49
wage, and breaks (GMB, 2016)

In Vietnam, organising platform bike-riders into Effective feedback channels 76.92
syndicates (‘nghiep doan’) was piloted in Ho Chi Minh
City since 2020. The syndicate is an occupation-based
union model in the informal sector. The VGCL has
established syndicates of housemaids, lottery sellers, None of the surveyed drivers were aware of differences
garbage collectors, fishermen, and traditional bike-riders between enterprise unions and syndicates for self-
for the past decade. Starting with the first syndicate employed workers. What is more important for the
established in District 7 in July 2020 with 30 members, surveyed respondents is to have an official channel of
now there are 12 syndicates for platform bike-riders in representation to voice their demands and get heard.
Ho Chi Minh City, as reported by a representative of The organiser of the bike-rider strike against Grab in
the HCMC Federation of Labour, in March 2021. The Hanoi said: “The last strike was mainly spontaneous.
leaders of these syndicates were appointed by regional We made calls on Facebook, but only a small number
federations of labour. The current mandate of the of drivers responded. We also sent petitions to the
syndicates is limited to providing benefits, such as New unions [Federation of Labour of Hanoi], but it was no
44
Year’s gifts or sickness benefits. During the strike by use because nothing was official”.
Grab riders in December 2020, the syndicates collected
riders’ opinions and sent a petition to the HCMC

42 Interview with the HCMC Federation of Labour, March 2021.
43 Note that for this question, the respondents could choose more than one option.
44 Interview conducted by the researcher in March 2021.

Voice and representation of platform drivers in Vietnam