You are currently working on drafting a new Labor Code. The text will take into account the situation of employees in the home delivery sector. How do you intend to lay the foundations for this reform?
Younes Sekkouri: It’s important to recall that we’re talking about a sector that is not yet legally structured and is still in its early stages. Reflection on this reform is therefore inevitable, and we are determined to be among the pioneering countries at the global level.
“Reflection on this reform is inevitable — we want to be among the pioneering countries at the global level”
We have launched an initial round of consultations, inviting the most representative unions as well as CGEM representatives to share their views by September 26, before beginning in-depth negotiations. Discussions are also planned with sector stakeholders and, if applicable, with a union representation of the sector should one be established by then.
Beyond the social partners, who else will be consulted?
This reflection would be incomplete if we did not take into account the perspective of citizens and consumers, as we are facing a genuine societal challenge that goes beyond the scope of simple labor regulation. One of the first topics to be addressed in these discussions naturally concerns the status of workers and the application of this status within existing economic models.
Several elements of case law will guide our reflection. The first is the decision made by the Competition Council in the proceedings initiated against Glovo. This ruling provides an interesting foundation in its philosophy, as it balances the imperatives of the economic model with investment in human capital, a critical element for the image and service quality of these companies.
What does this approach mean?
“We must provide solid and sustainable guarantees for workers in the delivery sector. It is essential that we introduce a guaranteed minimum wage”
Above all, it is about being able to offer solid and sustainable guarantees to workers in the delivery sector. We must absolutely introduce a guaranteed minimum wage. This means that from the moment a delivery worker is scheduled for a time slot, they must be compensated for their commitment.
Which is not the case at present…
This minimum remuneration, or final commission, is absolutely necessary, regardless of the final form we give to the status of these workers.
Several avenues need to be evaluated, including using the hour as the unit of work. This provides a useful reference, as the minimum wage (SMIG) is, for example, hourly, and because these workers may perform their activity for 2 to 3 hours per day. It is necessary to determine an hourly rate that does not include tips.
Sometimes, tips may be paid through the platform, but they should in no way affect the hourly rate that we must set collectively. It is also necessary to guarantee these companies an “eligible time” during which they can rely on the maximum number of resources, particularly during peak hours, such as lunch or dinner.
Couldn’t this risk further complicating discussions with sector stakeholders?
These are necessary adaptations because this legislation cannot be drafted in the “old-fashioned” way. The legal provisions related to delivery must be based on models of a typical workday as well as on the economic model of these companies, while taking social rights into account. This implies that there would be specific calculations for daily wages and hourly caps.
You talk about modeling delivery workers’ remuneration. Concretely, what do you have in mind?
It involves taking into account the time dedicated to an order as well as the route taken by the delivery worker. For example, when a worker delivers an order from point A to point B, they are not only delivering that single order to point B. Sometimes, they may be assigned additional deliveries around the same point B, and all of these deliveries are considered part of a single mission.
It is necessary to have overall coherence in the remuneration model, ensuring it integrates with the economic model of these companies. This is the core challenge of the negotiations. Considering the current pay of delivery workers, there is a significant imbalance that still needs to be corrected between variable and fixed compensation
One of the questions that often arises when discussing the situation of delivery workers concerns precisely the transparency of the algorithm used to assign them…
Algorithm transparency is not a technological luxury but a social necessity and a democratic requirement. The algorithm has a direct impact on the remuneration model and the geographic deployment of delivery workers.
Other dimensions must also be considered, such as the carbon footprint and all the impacts that delivery generates in terms of traffic. These are elements that can be imposed through regulation. It is necessary that we introduce precise concepts into this discussion.
Other issues must be addressed: can a delivery worker refuse an order – within what is called “the right to refuse” – without being penalized, even during peak hours?
We can also consider delivery workers who wish to work across multiple platforms…
This is where we enter another important dimension of the Labor Code: the establishment of provisions governing part-time work. This is not limited to delivery workers but concerns all employees who choose this mode of work.
However, this requires coordinated work with institutions such as the CNSS, which, at present, cannot receive contributions from an employee working for two different companies. It is important that, as a government, we are able to offer this freedom of choice to our society.
One of the issues that often comes up when discussing home delivery is the non-compliance of delivery workers with the traffic code…
It is true that there is a negative observation on this matter. The risk of accidents is very high. On this point, we have already begun discussions with the Ministry of Transport. A joint team is working on a qualification program for delivery workers as well as a training program.
“We are even considering the option of a professional license, similar to the trust license granted to taxi drivers, as more than 10,000 delivery workers are currently roaming the major cities of the country”
We are even considering the option of a professional license, similar to the trust license granted to taxi drivers. This measure is necessary when considering that more than 10,000 delivery workers currently operate in the major cities of the country.
We also plan to implement measures to hold companies accountable for their delivery workers, which is not the case today. I am also in favor of allowing citizens, as users of public roads or end consumers, to legally and systematically report any misconduct that may be committed by some delivery workers. The exact framework, however, remains to be defined.
It is also envisioned that measures will be considered to improve the working conditions of delivery workers…
It is indeed necessary to protect this category of workers by ensuring them easy access to protective and delivery equipment. They must also be provided with healthy working conditions. We are talking about people who can spend long periods outdoors, sometimes in harsh weather conditions, while waiting for orders.
They should therefore be offered rest areas or zones where they can both check in with their employer and take a break. These workers have the right to perform their duties under decent conditions, with a guarantee of their safety.
During our discussions on this matter, Glovo’s management mentioned the implementation of qualification training for their delivery workers. Should the state consider becoming involved in this project?
On this very point, the government has just decided to increase the number of people benefiting from apprenticeship training, from 25,000 to 100,000. Apprenticeship training includes 20% theory and 80% practice, is rewarded with a diploma, and can last from a few weeks to several months. This training receives financial support from the state, and delivery is precisely one of the sectors eligible for this apprenticeship program.
How will this training be applied specifically to the delivery sector?
It is a genuine apprenticeship because delivering under proper conditions is a real profession, which involves respecting both the customer and the traffic code. We are therefore ready – and this is part of the overall framework – to make it a sub-sector of the current professional training system, whether qualifying or even diploma-awarding if necessary. This will allow companies to expand the scope of training programs for their delivery workers.
Written in French by Zakaria Salhi, edited in English by Eric Nielson
