Self-employed workers from companies like Uber, iFood and 99 have the right to appear in court if they feel their work has been wronged. 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 said that every self-employed person must contribute and register with INSS to secure retirement. “Minimum rights are not denied to those who do not have the bond of commercial law law, they are guaranteed to all the self-employed,” Pedozzi said.
For employees of companies such as iFood, Uber, and 99, the workday should be compatible with the health of the professionals and the health of the other people with whom he lives.
But the head of the commission indicated that these rights are guaranteed by the judiciary:
“Judiciary guarantees protection for everyone. Everyone whose rights are violated. We have free justice to provide broad access to justice that allows affected people access to 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 putting in place new legislation that includes the new employee-employer relationship.
“With regard to this new system of independent action to regulate relations through platforms, all countries are still thinking,” commented Maria Christiana Peduzzi. UOL
Highlighting decisions on labor rights for the self-employed in England and France
The head of the court acknowledges that there are no higher court decisions in the country that, at the moment, favor workers. “The legal protection we must always concern ourselves with is the guarantee of the minimum rights of civilization. Now 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 agreements to protect workers:
“It is important to ensure protection at work, even if this protection occurs without a traditional labor relationship because business is business through an on-demand economy of labor regulated by the Internet, so that is the focus.”
The minister defends that changes in labor legislation accompany the so-called 4.0 revolution. The transformation brought about by digital platforms that have a workforce and make use of algorithms like iFood, which has led the legislature to “introduce new rules capable of responding to new conflicts.”
Home Office: ‘Interesting for Employers’
In this sense, the head of TST praises the home office, or remote work, that most companies have adopted during the Covid-19 pandemic. The minister says it makes working hours more flexible, making life easier for employees who are parents.
In the minister’s view, home offices should reduce work-related accidents, as about 70% of accidents occur on the way from the employee’s home to the workplace. Remote working is no longer only interesting for employees but is now beneficial for employers.
In Brazil, the Justice Organization does not recognize the association with Uber
In Brazil, a 2019 decision by the Supreme Court of Justice (STJ) determined that there was no business relationship between Uber and 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 legislation, such as leave and severance payments. However, there is a bill in place to guarantee minimum wages and vacations for self-employed delivery workers and drivers, leading to changes to the CLT. The text is in the Federal Senate.
In addition to the STJ, TST also rejected the business relationship thesis between application drivers and the platforms behind the service.
In England, Uber itself, after a legal decision and pressure from unions, gave its 70,000 drivers a guarantee of minimum wages and holidays. Analysts estimated that this decision would reduce the company’s revenue in the UK.
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