The case of Toters: a call for change to the Lebanese Labor Law

The continuous collapse of the Lebanese Lira ever since the ignition of the 2019 economic crisis has drastically impacted our daily lives. With a dollarization wave flowing through the market, rising numbers of poverty, hunger and insecurity, this ongoing state of alert has become excessively critical, especially when it comes to some wage earners, whose incomes barely suffices to provide them their most rudimentary needs.

Toters is a Lebanese application which allows customers to virtually shop for food or groceries and getting them delivered at their doorsteps. Facing unfair wages and improper work conditions which deny them of effective benefits, Toters delivery drivers took a stand and held a partial strike, asking for a raise of their minimum wage from LL18,000 to LL35,000 per trip, respectively $0.28 to $0.54.

After a several-day partial strike, the drivers agreed to halt their movement on Friday February 3rd 2023, after the company allegedly agreed to raise their wages to LL26,000, noting that the informal market’s dollar rate had reached LL64,000 that afternoon.

What do Toters’ delivery drivers’ demands say about their social, economic and legal status in Lebanon?

An average delivery driver’s income is sourced from the delivery fees included in most orders, valued depending on distance, time and other factors and indicators, with a minimum wage of LL18,000 per trip, the equivalent of $0.28 in the parallel market.

The company issued via a series of tweets that it is constantly updating the drivers’ compensation in response to both informal market and gas price fluctuations, counting a minimum of LL45,000 per delivery, sometimes even reaching LL150,000, excluding tips.

Opposingly to these statements, many leading newspapers such as L’Orient-le-Jour have obtained contradictive testimony after interviewing delivery drivers, which were allegedly still payed LL18,000 per delivery just a week before holding their partial strike, despite imposing LL30,000 to LL50,000 delivery charges on every order.

Moreover, in an interview with the 961, some drivers even claimed that Toters was firing and replacing any worker who expressed the injustice faced.

The fight for life

“The working conditions are terrible and we tell [Toters] but they don’t seem to care. Our drivers are regularly getting mugged at knife and gunpoint. The fleet manages just tell us not to wear Toters clothing so robbers don’t think we’re delivery carrying cash.”

– An anonymous Toters delivery driver.

On average, a delivery driver working at Toters has to deliver 20 to 25 orders per day, adventuring through the perils of the Lebanese roads, rain or shine, in exchange of a cash transfer by the end of every month that is barely rewarding.

Considering that a driver earns LL420,000 per day but spends LL300,000 on gas, they end up saving 120,000LL, the equivalent of $1.8 two weeks ago, and with the fluctuation of gas prices, these savings will probably be significantly reduced.

Nonetheless, they sometimes even have to take accountability for the prices of complete orders which some customers refused to pay, not to mention the times they receive a wrong address and waste more fuel.

The insufficiency of Lebanese laws and regulations

The Lebanese Labor Law does not currently have specific provisions addressing online platform workers, also known as gig workers, and this is because the law was enacted before the rise of the gig economy and the proliferation of online platforms that facilitate the provision of goods and services. As a result, the legal status of gig workers in Lebanon remains unclear, and they may face challenges in matters of employment rights and protections. This can include issues related to working hours, minimum wage, social security, and occupational safety and health.

However, gig workers in Lebanon may still qualify for a certain protection under the Labor Law. For example, Article 1 of this law provides that every worker is entitled to fair working conditions and protection against discrimination, regardless of their occupation or employment status. Furthermore, Article 31 of the Labor Law establishes the principle of equal pay for equal work, which may be relevant for gig workers who provide similar services to traditional employees, but do not receive the same benefits and protection.

Overall, the lack of specific provisions in the Lebanese Labor Law addressing gig workers underscores the need for further legal and regulatory developments to ensure that they receive adequate employment protections and benefits.

Moreover, Lebanon is not a signatory of the International Labor Organization’s Convention No. 87 concerning Freedom of Association and Protection of the Right to Organize, that are fundamental principles of labor law, recognized as essential components of a democratic society.  

Consequently, the absence of these protections can lead to exploitation, abuse, violation of workers’ rights, and arbitrary dismissal, … which appears to be the case of Toters.

Our country’s non-signature of Convention No. 87 limits its ability to benefit from the technical assistance and guidance provided by the International Labor Organization on labor rights issues, such as the inclusion of modern work sectors and their workers’ rights, limiting their ability to form and join unions, to negotiate for better working conditions and wages, resulting in the phenomena of labor exploitation.

A mouse-trap withholding survival

The delivery workers’ partial strike ended on Friday afternoon, with a slight increase of their wages, reaching LL26,000 per trip. This revolt could have paralyzed Toters and its continuity, but drivers were too scared for their families to risk getting fired for speaking up on their unjust situation, according to the reports of the 961.

While the unofficial market’s dollar rate on Friday February 3rd afternoon was LL64,000, the status quo maintains itself, now reaching more than LL90,000 with the dollarization phenomenon raiding our daily lives. Covering basic needs or primary bills has gargantuanly evolved into an ongoing fight, which does not appear to be quite forgiving of the hustlers. It is true that we fight for bread, but we do fight for roses too, and for that, we have the right for a fair fight.

References:

L’Orient-le-Jour, Toters delivery workers hold partial strike demanding fair wages, Caroline Hayek, February 3rd 2023.

https://today.lorientlejour.com/article/1326987/toters-delivery-workers-hold-partial-strike-demanding-fair-wages.html

The 961, Toters Drivers Are Striking & This Is What They Told Us, Natalie Haddad, February 3rd 2023.

Business and Human Rights Ressource Centre, Lebanon: Toters delivery workers strike to demand fair wages, February 13th 2023.

https://www.business-humanrights.org/en/latest-news/lebanon-toters-delivery-workers-strike-to-demand-fair-wages-incl-co-comment/

Beirut: Toters Workers Strike For Better Pay And Working Conditions, Bachar Bzeih, February 3rd 2023.

https://www.beirut.com/l/64815

Abdel Sater, R., 2020, September 9, Toters drivers in Beirut protest low pay, lack of benefits, The Daily Star.

https://www.dailystar.com.lb/News/Leban on-News/2020/Sep-09/512888-toter-drivers-in-beirut-protest-low-pay-lack-of-benefits.ashx

Ghanem, Z., 2021, January 27, The Lebanese trash collectors striking against corruption, Al Jazeera.

https://www.aljazeera.com/news/2021/1/27/the-lebanese-trash-collectors-striking-against-corruption

Khoury, J., 2021, February 4, Lebanon: Toters drivers continue their battle for recognition, The New Arab.

https://english.alaraby.co.uk/english/indepth/202

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