After a decision in Britain, what could happen to Uber in Brazil?

Cachorrinho; cachorro

Despite the new labor configuration between drivers and Uber After coming back to Brazil in the United Kingdom to pay attention to the same relationship, the trend is that justice understands that there is no employment relationship between the two parties.

In February, the Superior Labor Court (TST) ruled for the third time that the service offered by the company had no employment relationship and that British court decisions – decided weeks earlier – should not change the landscape.

In the view of Minister Guillerme Capto, judicial decisions of other countries, such as the United Kingdom, should not affect Brazil’s judiciary, due to differences in legal systems.

He also recalled the labor gap. In the United Kingdom, there is the “intermediate” category in which drivers will be placed. There, they are called “workers”.

They will be entitled to benefits such as minimum pay, leave and retirement, but cannot be compared with formality through a formal contract in Brazil.

The February understanding of TST was already adopted in two other trials in 2020, September and February, and also by the Superior Court of Justice in the 2019 trial.

In order to have a working relationship, There should be non-timely provision of services, with personality and subordination. In the sense of justice, this is not the case.

Cory Weinberg

About the author: Cory Weinberg

Cory Weinberg covers the intersection of tech and cities. That means digging into how startups and big tech companies are trying to reshape real estate, transportation, urban planning, and travel. Previously, he reported on Bay Area housing and commercial real estate for the San Francisco Business Times. He received a "best young journalist" award from the National Association of Real Estate Editors.

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