ช่องว่างกฎหมายความสัมพันธ์การจ้างงานกับการให้ความคุ้มครอง กรณีประสบอันตรายหรือเจ็บป่วยจากการทำงาน และการจ่ายเงินทดแทนการขาดรายได้ของแรงงานส่งอาหารผ่านแอปพลิเคชัน

Abstract

Innovations took place to bring about food delivery apps on mobile devices. Companies create platforms enabling customers to order food from their phone or tablet and this order will be collected and delivered by a motorcycle driver. However, such employment contracts between the platform provider and the delivery drivers act to deem the workers as self-employed, which do not offer the workers the protections of labor law. When the employees suffer an injury or sickness caused by their work, the platform owner is not held responsible to pay compensation for lost income. Driving a motorcycle to deliver food involves the risk of road accidents or contracting illness. Being classed as self-employed means the worker has to take personal responsibility for this instead of the company who owns the application. Therefore, the author studied the laws concerning this matter and seeked to learn if there was any law that provides protection in case of an employee in this field becoming sick or injured through their work. Furthermore, if they have to stop work in order to recover, what law can seek to provide compensation for lost income from their lack of work. From my studies, it was found that the only law pertaining workers of this nature is the Road Accident Victim Protections Act B.E. 2535 (1992). This financial compensation due to lost income at the amount of 200 baht per day for a maximum of 20 days if it could be proven that the worker was the innocent party in a road accident. And the Social Security Act B.E. 2533 (1990) according to section 40. The worker must have made enough contributions according to the period specified by the law before being faced with injury or sickness in order to qualify for this protection.