39 food courier fleets charged over breaching employment regulations

Updated 5.25pm with list of companies 

Dozens of courier fleets partnered with popular food delivery companies Bolt and Wolt have been charged with breaching employment regulations.

Some 39 fleet operators began to be arraigned on Wednesday after an investigation carried out by the Department For Industrial and Employment Relations (DIER). A further four are being charged in connection with failing to provide information when requested to do so.

The investigation allegedly found widespread breaches of the Digital Platform Delivery Wages Council Wage Regulation Order, brought in three years ago to give employee rights such as minimum wage, sick leave and overtime rates to workers. Others were charged with breaching the Employment and Industrial Relations Act.

The breaches meant workers missed out in hundreds of thousands of euro, the court heard. 

Around half of the companies were charged on Wednesday, including the country's largest fleet operator WT Global, with the remainder to be charged next week.

A full list of those companies arraigned on Wednesday are listed below. 

Six admit

In a crowded courtroom on Wednesday morning, six fleet operators admitted to the charges brought against them and were each fined €1,076.44.

DIER’s head of operations, Christopher Galea, explained that there were many investigations into alleged irregularities which were carried out over a number of years.

But things came to a head in July 2024 when food couriers claimed their allowances were being deducted and went out on strike, describing how they were were struggling to make ends meet. 

DIER had also been approached by Gabriel Apap from Solidarjetà, Patricia Graham from Up in Arms, and Josef Bugeja from the General Workers’ Union, after individual food couriers aired their grievances with them.

Workers 'afraid to come forward'

A generic investigation covering the period between March and June 2024 was launched.

“The individual couriers were afraid to come forward and lodge a claim,” Galea recalled, adding that the department had no option but to initiate a generic investigation.

DIER asked food delivery platforms Bolt and Wolt to provide a list of fleet operators, a list of platform workers per fleet operators and other documentation including daily hours of work and number of deliveries per courier per platform.

The same information was requested from the individual fleet operators, who were also asked to provide payslips for each courier, timesheets, proof of payment to all employees, copies of signed employment contracts, proof of payment showing that the employer had covered their mobile and internet expenses as well as fuel, among other information requested.

“Out of 43 fleet managers, we had to proceed against four of them for not providing any information. The rest are being taken to court on allegations that they breached the legal notice regulating food couriers,” Galea said, adding that this resulted from their analysis of the documents they received from the digital platforms and the fleet operators.

The operators that did not provide any information are Approach Gozo LTD, D&C Dreams Ltd, Nuutro Trading Ltd, and Smart Design Ltd.

“These breaches resulted into over €200,000 in arrears not being paid to food couriers,” Galea said.

Mary Grace Cassar, a compliance manager at DIER, took the stand next. She said the review found several breaches. For example the hours worked were not listed on the payslip and the concept of equal pay for equal work was not being upheld.

Moreover, the food couriers’ mobile expenses were not being covered by the employer. They did not even receive their statutory bonus, among other issues flagged during the review.

“So they are being charged after supplying you with information?” defence lawyer Andrew Borg Cardona asked on behalf of one of the accused.

Cassar explained that they analysed the documents and DIER worked out how much money the couriers were due and how much they actually received.

“Were the employees questioned on whether they received what was due to them?” Borg Cardona asked.

“We tried to contact them but they are very afraid because they depend on an employment to have a work permit,” Cassar said.

'Employers have a lot of control'

Gabriel Apap from Solidarjetà claimed fleet operators have different models in some cases take half the earnings while in others they have a percentage.  He said the food couriers called Solidarjetà when they had gone out on a strike.

The food couriers feared that they were being tracked, Apap recalled, adding that a meeting had been called with Solidarjetà but only one courier turned up eventhough they had been expecting a “large” number. The couriers attended a meeting with JobsPlus representatives and around 50 of them went to that meeting.

“Employers have a lot of control over third country nationals in Malta since they are dependent on a work permit and if they lose their job they have ten days to find a new one,” Apap said.

The different cases were adjourned to October.

A second group of fleet operators are expected to appear in court on 2 April.

Lawyers Mattia Felice, Andrew Grima and Ray Zammit prosecuted on behalf of DIER. Lawyers Andrew Borg Cardona, Roberto Spiteri, Stephen Tonna Lowell, Frank Anthony Tabone, Ezekial Psaila, were among those defending different individuals who have been accused of breaching different provisions of the Digital Platform Delivery Wages Council Wage Regulation Order and the Employment and Industrial Relations Act.

Lawyers Adrian Sciberras and Karl Cordina represented the six operators who admitted their guilt.

What companies were due to be charged on Wednesday?

Gope Technologies Ltd

Adnama Company Ltd

Ferrugia Fleet

Leone Camilleri United Human Resources Ltd

Mond International Ltd

Bharat Global Ltd Island Couriers

Noor Cabs and Delivery

OHAA

369 Malta PVT Ltd

Archisim Group Ltd

Djukel Company Ltd

E-Deliy Ltd

WT Global Ltd