New regulations on the way for motorcycle couriers… TEHİS President: 'It will not solve the couriers' fundamental problems'

Hazal Güven - 12punto.com.tr

Interior Minister Ali Yerlikaya has shared new regulations for motorcycle couriers with the public. Yerlikaya stated that motorcycle couriers will be officially registered and that a licensing requirement will be introduced. Expressing that this step will mark the beginning of a period where not just anyone can perform this profession, Yerlikaya said, "Not just anyone will be able to become a motorcycle courier; they will have to obtain their license. That is when we will begin inspections."

Within the scope of the new regulations, it will be mandatory for motorcycle couriers to use protective equipment such as helmets, gloves, protective clothing, and boots. Furthermore, those who wish to perform this job will be required to receive specific training and renew this training on a regular basis.

Speaking to 12punto about the new regulations, Kubilay Çelik, President of the Tourism, Entertainment and Service Workers Union (TEHİS), stated that while it is important to implement legal regulations that will protect couriers, "However, these do not have the capacity to prevent work-related homicides or reduce work-related accidents. Because the decisions taken do not translate into legal regulations that address the real problems of couriers. The main problem is here. The authorities are making regulations according to their own ideas. But these regulations are not ones that concern couriers or provide solutions to their fundamental problems." he said. 

Çelik added the following: 

‘IT IS AS IF THERE IS NO MOTORCYCLE COURIER WHO HAS NOT HAD AN ACCIDENT’

“Couriers can only work as couriers by obtaining certain documents. For example, they introduced an authorization certificate for couriers called P1 Star. You cannot work as a courier without obtaining it. The box on your back must be registered in the vehicle license. There are rules like these. You have to register with the National Vehicle Identification System (UTTS) so that you can declare fuel as an expense. Actually, this is also related to global developments. Courier work was recently classified as a “hazardous job” in Turkey. Previously, it was in the “less hazardous jobs” category. Along with this, it became mandatory to make certain legal regulations. Otherwise, they were not very interested in these matters. There was a general indifference regarding courier work.”

‘THE REGULATIONS DO NOT HAVE THE COMPETENCE TO REDUCE ACCIDENTS’

According to Çelik, since workers were not consulted in the regulations made, the penalties and sanctions that have come into force do not solve the problems. Çelik continued his words as follows: 

“Work-related deaths have been between 58 and 68 over the last 4 years. The number of work accidents is around a thousand. So, think of it as if there is no motorcycle courier who has not had an accident. Now, after the profession's status was changed to “hazardous jobs,” they had to make certain legal regulations. However, these do not have the competence to prevent work-related deaths or reduce work accidents. In addition to these, a ban was also imposed on companies that mandate delivery within certain timeframes. You remember there were campaigns like “If your food doesn't arrive in 30 minutes, it's on us.” They removed the legal obligation for these as well. The regulation says such a thing cannot be done. However, for those working under the ‘tradesman model,’ these have no real impact. Because even if they don't run this advertisement, since the logic is that the faster the courier delivers, the more money they earn, whether this advertisement exists or not doesn't make much of a difference. The entire system is based on the ‘piece-rate work’ logic. When that is the case, the more piece-rate work, meaning the more ‘package deliveries’ are made, the more the courier earns.” 

‘IT WILL NOT BE A SOLUTION TO THE FUNDAMENTAL PROBLEMS OF COURIERS’

Some of these punishment systems are implemented within the legal regulation, while others are implemented outside of it. For example, let's say a courier does not comply with these regulations. According to the regulation, this motorcycle must be taken away by a tow truck. For every motorcycle taken away, they charge the price of one motorcycle from the tow truck operators. In other words, they collect the money for the impounded motorcycle from the courier. This becomes the tow truck fee. But let's say they impounded 10 motorcycles in the same way. They still charge the tow truck fee separately for each of them. 

We are, of course, in favor of legal regulations regarding courier work. We have also made statements about this. But we criticize the fact that these legal regulations are not discussed jointly with the couriers. Because the decisions taken do not turn into legal regulations that solve the real problems of the couriers. The main problem is here. The authorities make regulations as they see fit. But these regulations are not ones that concern the couriers or solve their fundamental problems.”

'BOSSES DON'T EVEN PAY TAXES, THE ENTIRE BURDEN IS ON THE COURIERS' 

Drawing attention to the tax burden on couriers, Çelik stated the following:

"Moreover, the weight of all these regulations is being placed on the backs of the couriers. Nothing is being placed on the backs of the bosses. For example, not wearing a hard hat at a construction site is a crime. But the fault for not wearing a hard hat lies not with the worker, but with the boss and the occupational safety experts. In the courier profession, the fault for not wearing a helmet lies with the couriers. Of course, all workers, regardless of the sector, must first ensure their own safety. But all the obligations and liabilities here are being placed on the couriers. The reason for this is that couriers are not seen as having employee status. Couriers are considered 'independent contractors' or 'platform workers.' Yet, these people are producing surplus value for the bosses. All these obligations should also be met by the bosses. When we look at the growth rates of e-commerce sites and rapid delivery sites in Turkey, we see massive figures. They don't pay a gram of tax. Two years ago, we saw that the taxes of very large companies were wiped out. Couriers, on the other hand, end up with thousands in tax debt. If you stop any courier, they currently have at least 200,000 liras in tax debt. Because here, the entire burden has been placed on the back of the courier." 

Recently, a perception has begun to be created as if the courier profession earns a lot of money. In fact, companies hire people like social media influencers who create this perception. They are having advertisements made for money. A deception is being created. Couriers are being shown as if they are earning around 100,000 liras. However, this has nothing to do with reality. Because all the expenses of the working process for all couriers belong to them themselves."