Self-employed workers from companies like Uber, iFood and 99 have the right to appear in court if they believe their work has been harmed. According to the president of the Supreme Court of the Tribunal (TST), Maria Cristina Pedozzi, in an interview with UOL
Motorcycle couriers, drivers and outside employees must be covered by labor legislation, with the right to retirement and “compliant” working hours.
The head of TST declared that each self-employed worker must contribute and register with the INSS to ensure his retirement. “Minimum rights are not denied to those who are not related to commercial law, they are guaranteed to all self-employed,” Pedozzi said.
For employees of companies like iFood, Uber and 99, the workday must be compatible with the health of professionals and the health of other people with whom they live.
But the head of the commission said these rights are guaranteed by justice:
“Justice guarantees the protection of all. Anyone whose rights are violated. We have free justice to provide broad access to justice that allows those affected to access justice, but we also have the constitutional affirmation of civil liability for those who hire.
Legislation must think of new ways of working
When it comes to “inflating” employees, the whole world is debating this issue and implementing new legislation that integrates the new employee-employer relationship.
“Regarding this new system of independent action to regulate relations across platforms, all countries are still thinking,” commented Maria Christiana Peduzzi. UOL
Highlight decisions on the employment rights of self-employed workers in England and France
The head of the court acknowledges that there are no higher court decisions in the country which, for the moment, favor workers. “The legal protection which we must always be concerned with is the guarantee of the minimum rights of civilization. From now on, the minimum rights of civilization are guaranteed by common law.
For the judge, in the absence of an employment relationship, there must be collective agreements and worker protection agreements:
“It is important to ensure protection at work, even if this protection occurs without a traditional employment relationship, because business is business through an on-demand labor economy regulated by the Internet, so this is the goal.”
The minister defends that changes in labor legislation accompany the so-called 4.0 revolution. The transformation brought about by digital platforms with staff and using algorithms like iFood, which has led the legislator to “introduce new rules capable of responding to new conflicts”.
Home office: “Interesting for employers”
In this sense, the boss of TST is praising the home office, or remote working, that most companies adopted during the Covid-19 pandemic. The minister says that this makes working hours more flexible, thus making life easier for employees who are parents.
In the Minister’s opinion, home offices should reduce accidents at work, since around 70% of accidents occur on the way from the employee’s home to the workplace. Remote work is no longer only interesting for employees but is now beneficial for employers.
In Brazil, the Organization of Justice does not recognize the association with Uber
In Brazil, a 2019 Supreme Court of Justice (STJ) ruling ruled that there was no business relationship between Uber and the drivers. According to the court, they are individual entrepreneurs and not direct employees of the company.
Based on an order from the Special Tribunal for Lebanon for Truth and Justice, Uber is not required to pay certain rights under labor law, such as time off and severance pay. However, a bill is in place to guarantee minimum wages and vacations for independent delivery and drivers, resulting in changes to the CLT. The text is in the Federal Senate.
In addition to the STJ, TST also rejected the thesis of the business relationship between application pilots and the platforms behind the service.
In England, Uber itself, after a court ruling and pressure from the unions, has given its 70,000 drivers guaranteed minimum wages and holidays. Analysts believed the move would reduce the company’s revenue in the UK.
TST chief says independent iFood and Uber have minimal rights