STF will decide whether or not drivers have an employment relationship with apps

On the next 16th, the Federal Supreme Court (STF) will judge the legality of the employment relationship between app driver and paid travel platforms. Voting will be done in virtual plenary, with votes being counted directly by the electronic system.

There are many cases of app drivers asking for recognition of the employment relationship, saying that companies do not provide the necessary support to the worker.

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However, there are processes that start to recognize the bond, just as there are judgments in which the judicial understanding is that there is a relationship of collaboration and autonomous work.

MEI vs. CLT

Minister Alexandre de Moraes considered that the decision of the Labor Court of Minas Gerais did not comply with the precedents established by the Federal Supreme Court (STF) on the trial. At the time, Justice recognized the employment relationship between the Cabify travel platform and the driver.

For the minister, the application's relationship with the driver is similar to a commercial company, just as it works for self-employed workers.

According to the minister's understanding, the combined analysis of the precedents makes it possible to recognize the validity of different forms of employment relationship, in addition to those governed by the Consolidation of Labor Laws (CLT). He points out that this interpretation covers situations such as outsourcing and specific cases.

In the process in question, the Cabify platform argued that the service provided by drivers does not qualify as an employment relationship. According to the company's positioning, drivers drive for registered customers, with no minimum billing requirement or specific number of trips.

These arguments are replicated by other travel apps, which want to support the understanding that the relationship between platforms and drivers is fully autonomous in nature, with drivers acting as service providers or Individual Microentrepreneurs (MEI).

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