""The legal relationship between the transport network companies in the" by Ralph Benedict M. Geronga

"The legal relationship between the transport network companies in the Philippines, its operators, and its drivers"

Date of Publication

5-2018

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Transportation Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Joven Dellosa

Defense Panel Chair

Domingo Anonuevo

Defense Panel Member

Ryan Quan
Pura Calleja

Abstract/Summary

The mode of transportation in the world changes everyt ime when there‟s a technology that is applicable to it. One of the changes in our time was the use of the internet via smartphones to facilitate our transportation. This mode of transportation was warmly welcomed by the public, hence, the companies in this industry that use this method has really prospered. These companies are known as the transport network companies. One of the famous transport network companies around the world is the Uber company. But their rise in this industry has been attacked by several legal issues, and one of these is an issue regarding labor laws. This is due to their stand that they are a software company, and not a transportation company, thus their drivers are not their employees because they are independent contractors. This stand of Uber company was expressly provided in their contract with their drivers. But this contract seems to be defective, because as found by foreign tribunals, there is an employer- employee relationship between the Uber company, and their drivers, for Uber company seems to control the means and methods of their drivers in performing their jobs. The cases abroad only involve two parties, the Uber company, and its Uber operators, who are also Uber drivers. Here in the Philippines, the Uber driver may not be an Uber operator, thus there can be three parties involve. Hence, the ruling of the foreign tribunals may not be accurately applicable in our laws. Thus, this labor issue must be resolved. The proponent concluded that an Uber operator who hired another person to be his Uber driver can be considered as a partner of Uber company. And since it is clear that the Uber company is an employer of the Uber driver, the said Uber operator is also an employer of the Uber driver. But an Uber operator is just a mere employee of the Uber company when he drives his own Uber car. Thus, all Uber drivers are employees of the Uber company.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG007519; TG07519

Shelf Location

Archives, The Learning Common's, 12F Henry Sy Sr. Hall

Physical Description

56 leaves ; 28 cm ; 1 computer disc ; 4 3/4 in

Keywords

Transportation—Law and legislation--Philippines

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11-26-2024

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