The relationship between a delivery person and the company iFood was recognized by the Labor Court as an employment relationship. According to the judge responsible for the case, Paulo Guilherme Santos Périssé, the existence of the criteria of subordination, personality and generosity, as well as the non-eventuality that makes the bond possible, were established.
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Motorcyclist claimed employment relationship with the company
The motorcyclist protested to obtain recognition of his employment relationship with iFood, claiming that he provided the services in a subordinate manner. In addition, he also said that he is subject to the company's continuous and strict controls.
- iFood placements
On the other hand, the company claimed in its defense that the delivery man did not provide services to it, but served as an autonomous “delivery partner”. He argued that the requirements that defined the employment relationship were missing, therefore an appeal to the decision could still be made.
judgment of the case
According to the magistrate, iFood established obligations within the limits of contractual freedom and granted certain restrictions to the executed employment contract, yes. Thus, he stated in his sentence that this labor relationship represents a new business model where the company also uses technology to collect data from users and partners.
The judge ruled that the employment contract under the molds set for the employee has obligations that are beyond the scope traditional legal employment relationship, thus combining not only the provision of services but also the extraction of data.
In addition, the judge rejected the claim made by the company that it only mediated the relationship between the user and the couriers. He also reiterated that only the intermediary of labor, outside the permitted legal hypotheses, is a practice refuted by jurisprudence.
- The provision of service between the parties
The magistrate claimed that the provision of services was not free of charge. In this way, the principle of personhood was incorporated, as the existence of a connection between the parties required the delivery person's registration on the platform. Therefore, what characterizes subordination is control through the application and the obligations imposed on the author, such as through setting the perceived value per delivery, the routes and their tracking.