Supreme Federal Court to rule on employment relationship between drivers and delivery workers
The decision to be made by the Supreme Federal Court will impact 10 cases that are stalled across the country awaiting the full court's ruling.
André Richter, reporter for Agência Brasil - The Supreme Federal Court (STF) has scheduled for next Wednesday (1st) the start of the trial on the recognition of an employment relationship between delivery workers and drivers of apps and digital platforms. The controversy is known as the uberization of labor relations.
The decision to be made by the Court will have an impact on 10 cases that are on hold across the country awaiting the plenary's decision.
Two actions will be judged, which are reported by ministers Edson Fachin and Alexandre de Moraes and reached the Supreme Court based on appeals filed by the Rappi and Uber platforms.
Contestation
The companies are challenging Labor Court decisions that recognized the employment relationship with drivers and delivery personnel.
Rappi claimed that the labor decisions that recognized the employment relationship with the company disrespected the Court's own position, which understands that there is no formal employment relationship with the delivery drivers.
Uber argued that it is a technology company, not a transportation company, and that recognizing an employment relationship changes the purpose of the platform's business, violating the constitutional principle of free enterprise in economic activity.
In addition to the platforms' defenses, the ministers will hear oral arguments during the trial from organizations that advocate for the recognition of the employment relationship of drivers and delivery workers.
The trial on Uberization will be the first item on the plenary's agenda under the command of Minister Edson Fachin, who will be sworn in as president of the STF next Monday (29). He will succeed Minister Luís Roberto Barroso, who will end his two-year term at the head of the court.
