In Fortaleza, the 13th Labor Court guaranteed the employment relationship between the company iFood and a platform delivery man. The case happened after the delivery man worked from June 2020, during the pandemic, until May 2022, when he was blocked and prevented from exercising his position. The platform did not justify blocking the motoboy, nor did it give him advantages to appeal.
The court decision was published in December 2022 by Judge Vladimir Paes de Castro, recognizing that there was a contractual link between the delivery person and the company, with continuous service provision.
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iFood delivery man wins lawsuit
Generally, as pointed out by the iFood policy, the decision to block the professional is due to incorrect use of the platform or if the motoboy receives many complaints from customers and establishments.
However, the judge recognized that the termination of the bond happened without justification and granted the delivery person the rights that normally a person with a formal contract has: 13th salary,
FGTS, compensation for pain and suffering of R$ 5,000, prior notice with compensation and 1/3 of vacation during the period worked. Thus, the final result of the case was valued at R$ 20,000.“In the case of iFood and other companies/applications, such as Uber, the situation is quite different. In this situation, companies would not only be considered as a facilitator of the meeting of customers and service providers services/microentrepreneurs, but the person responsible for providing the service according to the immediate demand of its customers", informed the judge.
The precariousness of work happens from cases similar to these. The delivery person works without entitlement to benefits and without contractual responsibility on the part of the company, thus subordinating himself to various means to earn his livelihood. iFood, on the other hand, receives from companies, restaurants and the delivery person himself, making the advantage of working with “autonomy” one-sided.
“The vast majority of male and female workers make their full living from this activity, dedicating many hours a day to work in in favor of digital platforms/applications, and on the other hand, they do not have basic labor rights respected (minimum wage, constitutional working hours, vacations, 13th salary, etc.), and many do not even have the minimum social security protection”, informed the magistrate.
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