Driver protest in London against Uber in May 2019
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.
According to Uber, the Regional Courts and Labor Courts already have more than 800 rulings that also make similar sense.
In the case sent to EXAME, the company confirms that the partner drivers are neither given work at Uber nor presented to Uber, explaining the understanding of the Brazilian courts.
“They are independent professionals who hire the digital arbitration technology offered by the company through the application. The drivers independently select the days and times of use of the application, whether they accept the trip or not. And even after that, there is still a possibility of cancellation. No goals are to be met, there is no minimum number of trips, there is no boss to supervise the service, no obligation of exclusivity in hiring the company. Is not and there is no determination of compliance with minimum hours “, states note.
In Brazil, workers associated with Uber and other platforms, such as delivery, have adopted certain strategies in search of recognition of formality and access to labor rights.
In 2020, two stops in July, applications such as Uber Eats from the same company, iFood and Rappi, were organized by Deliverers.
In Brazil, the company has around 1 million registered drivers and couriers, 22 million customers and operates in more than 500 cities.
As Uber opened on the New York Stock Exchange, the country has no autonomy to disclose its results, but the latest financial indicators showed that, before the epidemic, Latin America – a region in Brazil that has a strong The player -, is responsible for about 531 million of the company’s $ 3.7 billion in annual revenue.
Pressure to read
This Tuesday, the 23rd, 4th Region (TRT-4) Regional Labor Court hosted a meeting between representatives of drivers and companies, including Uber, which operates in Porto Alegre, Rio Grande do Sul.
According to the organization, the meeting was requested by the Drivers’ Association in Private Transport for Rio Grande State applications for the purpose of opening a mediation process between the parties to discuss the epidemic process.
The category made a standstill in the previous week and asked that the values obtained per km traveled could be read again.
