‎Brazil News

 The appeal being analyzed by the Supreme Court is from Uber, which questions the obtaining, in the Labor Court, of a contract by a driver.

 

At the same time, the Executive also addresses the issue: President Lula is expected to sign this Monday, the 4th, a bill that provides rights for app drivers. According to the draft, they must receive, as a proportion of the hours worked, at least a minimum wage and compensation for the costs of their activity.

 

The information was released by Valor  and appears in a draft of a complementary bill to be signed today by the president. According to the newspaper, the project deals with individual passenger transport applications on four wheels, such as Uber and 99. There was no consensus with platforms that use motorcyclist services.

 

The draft would establish that app drivers are self-employed workers. The rules apply when the professional provides services, as long as they are free to decide days, times and connection period with the app - which cannot exceed 12 hours.

 

Also according to the text to be proposed, workers and platforms must jointly finance contributions to Social Security, and provides for a minimum remuneration for workers of R$ 32.09 per hour, of which R$ 8.02 corresponds to remuneration for services provided and R$ 24.07 to reimburse the costs of providing the service.

 

 

STF will judge link between driver and app; Lula presents PL on the topic. 

STF x TST

 

The issue of recognizing employment relationships between workers and applications has been the subject of debate between the STF and the Labor Court.

 

Since the STF decided on the legality of other forms of work other than the CLT, there has been a disagreement with JT regarding the issue. 

 

While the Labor Court, in a more conservative position, sees illicit and recognizes employment ties between workers and application companies, the Supreme Court appears more liberal in the face of new formats, overturning decisions on employment bonds and allowing even outsourcing of activities. -end.

 

In a decision handed down last year, Minister  Mendes harshly criticized the Labor Court. The Supreme Court has complained about repeated non-compliance with jurisprudence, including by the Superior Labor Court.

 

The 1st group even contacted the CNJ, asking for an investigation into the situation.