In an impactful decision, the Uber was ordered to hire all drivers registered on its platform and pay a huge fine of R$1 billion for collective moral damages.
The verdict was handed down by Labor Judge Maurício Pereira Simões, from the 4th Labor Court of São Paulo, valid throughout the national territory.
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The public civil action that resulted in the sentence was filed by the public ministry of Labor, represented by the Regional Labor Attorney's Office of the 2nd Region.
The verdict: hiring and fine
In addition to ordering Uber to hire all drivers on its platform, the judge established a daily fine of R$10,000 for each driver who is not properly registered.
The company has a period of six months, from the final judgment and the notice to begin the period, to comply with the determination.
(Image: Uber/Reproduction)
The process of regularizing drivers' employment contracts must occur gradually, with Uber proving the regularization of 1/6 of drivers each month until the end of the period stipulated.
Such amounts of the fine for collective moral damages will be allocated to the Worker Support Fund in 50%, while the other half will be aimed at app driver associations, duly registered with a notary and with regular social constitution, in quotas equals.
Uber's position
Sought to comment on the decision, Uber announced that it plans to appeal the sentence and that it will not implement any of the measures ordered before all resources applicable are exhausted.
The company argues that the decision creates legal uncertainty, as it differs from what was determined in similar cases involving other application platforms, such as Ifood, 99, Loggi and Lalamove.
Uber also claims that the judge's decision represents an isolated understanding and contrary to the jurisprudence established in trials carried out since 2017, including the Superior Labor Court.
The company also points out that the magistrate recognized the lack of adequate regulation for the new work model intermediated by platforms and mentioned Decree No. 11,513 of the Federal Government, which aims to address this gap legislative.
The case promises to generate heated debates and could have significant implications for the future of work mediated by applications in Brazil.
As Uber prepares to appeal the ruling, the car-sharing industry and drivers' rights are under the spotlight of Brazilian justice.
