Unfortunately, Package Delivery Couriers: Great Responsibility But Minimal Legal Protection
JAKARTA - The story of cod package courier aka pay in the place that the customer reviled because the package is allegedly different from the order again occurred. Unfortunately, events like this happen in the middle of courier conditions that do not have a clear working relationship with the marketplace, sellers, even the expedition company itself. They lack legal protection.
The incident was revealed via video footage that went viral on social media. This time the customer is a mother figure who looks so emotional when scolding the courier.
While swearing, he claimed to feel cheated because the package that the contents are not in order. In the video, the courier who recorded the incident tries to explain the procedure of online shopping with cod system.
He insists that the package that has been opened cannot be returned. But the mother insisted on opening it while packing it back because she wanted the courier to return the package to the seller.
Dis! patient bgt mas his courier🥺 may the sustenance of the courier mas dilancarin continue🥺 pic.twitter.com/H1p8GJsftw
— JULID (@AREAJULID) AREA May 15, 2021
"This is not appropriate. Good thing I opened this item first, go*lok," said the mother.
"The problem of goods not appropriate is not our business kak. If for example I get a complaint I want responsibility?" Reply to the courier.
After repackaging the package that has been opened, the mother then throws the package to the courier to be returned to the seller. "Oh so yes the treatment," the courier replied.
It's fallen down the stairsThe courier has actually explained, the newly received COD package should not be opened immediately before being paid by the buyer. The regulation is also clearly stated on the page of one of the marketplace platforms that provides COD payment methods. "Buyers must make payment to the courier before receiving/opening the package," it says.
We asked Maya --not her real name-- one of the expedition employees in Jakarta, what if there is a COD package not paid by the customer and who is responsible. Incidentally, he works as an HR and handles direct cooperation with couriers.
Maya said, if the customer does not pay the cost of shipping COD or goods sent, then the most harmed is the courier. Because in some companies, there is a policy that if COD goods are not paid after being sent to the buyer, then the courier must pay for the package.
"When the courier returns to the warehouse and the goods are damaged or unpaid, it's the driver (courier) who pays first. So that closing. Because if he is not paid, the next day he can not work," maya said when contacted by VOI.
Adverse employment relationshipsThat's just one of the many misfortunes that befell expedition couriers. Even for basic things like health insurance, many of them don't get it.
According to Maya, generally, couriers with partnership status only get a salary. They don't get health insurance like most employees do.
"There is no guarantee of anything. I'm a partner that he comes in, gets a salary," maya said. "Some companies will implement partners if they do not want to lose. Because you don't have to pay BPJS and THR."
The status of the partnership on expedition couriers according to Farizal Pranata Bahri, a lawyer at Anak Bangsa Advocates, is not not legally protected. Because it still has something to do with the Labor Law No. 13 of 2003. Although the beleid does not set specifics regarding the condition of the package.
"It's just about 'delivery' and 'acceptance.'So if something happens to the 'content' of the package is not part of the responsibility of the expedition or marketplace," said Farizal, contacted by VOI.
As stipulated in the Labor Law, companies are responsible for fulfilling health needs, travel insurance, and salaries for couriers. "What is regulated in the Act is limited among others concerning the health and safety of workers not for the application of cod services," farizal said.
Meanwhile, Farizal strongly criticized companies that avoid the obligation to meet the health insurance of their workers, including couriers. Because it has been clearly regulated in the 1945 Constitution Article 28H.
"In the Constitution it should be clear. The meaning of 'everyone' is addressed to everyone even with the profession of courier must be guaranteed for his health," said Farizal.
Legal vacanciesStill according to Farizal, there is a proof that is often echoed by expedition companies to avoid the obligation to bear health insurance. One of them is to mention that their business practice is only to move objects or objects.
"In the process there is no need to use workers who have certain employment contracts. So the obligation to cover health insurance can be avoided," he said.
As for online companies, they have their own way of escaping the obligation of providing life insurance. One of them is by refusing that their company is engaged in the transportation sector.
"They postulated that his company was technology-based and refused to say what the transportation company was saying. So there is no obligation to provide health insurance," farizal said.
And this can happen, Farizal said, as a result of a legal vacuum governing the relationship of "partnerships." "This is due to a legal vacuum governing the 'partnership' relationship that is not contained in the Labor Law," he concluded.
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