This Tuesday (5), the First Panel of the Federal Supreme Court (STF) rejected an action formalized by the Minas Gerais Labor Court that highlighted the existence of an employment relationship between the Cabify platform and its associated drivers.
The rejection was made in a judgment carried out by the collegiate. With this, the understanding becomes valid for all platforms similar to Cabify, such as Uber, 99 and iFood, for example.
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Minister Alexandre de Moraes, who was the rapporteur of the case, stated that the Labor Court has gone against the STF in recognizing employment relationships between apps and drivers.
Still in the considerations of his vote, Moraes pointed out the lack of constitutional presupposition for the understanding now mentioned.
“Anyone who is part of Cabify, Uber, iFood, has the freedom to accept the rides he wants. He has the freedom to set his own schedule and has the freedom to have other relationships,” he said. Ministers Cristiano Zanin, Luiz Fux and Cármen Lúcia agreed with Alexandre de Moraes' vote.
Cabify spoke out
In his reply, lawyer Márcio Eurico Vitral Amaro, who was present at the trial representing Cabify, reiterated the words of the process rapporteur, reinforcing that there is no employment relationship between O application and its associates.
Amaro also pointed out that the Consolidation of Labor Laws (CLT) is limited. “Those classic concepts of the employment relationship do not apply to these new forms of human work. These forms do not fit within the very limited frameworks and limits of the CLT”, he pointed out.
* With information from EBC – Agência Brasil
Graduated in History and Human Resources Technology. Passionate about writing, today he lives the dream of working professionally as a Web Content Writer, writing articles in several different niches and formats.
