TST recognizes the employment relationship between the delivery driver and Rappi and determines the employment of the CLT

The decision was related to a lawsuit filed by one of the platform’s employees. The company is not yet obligated to take any action, as it will appeal to the court

Marcelo Zambrana/AGIF – Photography Agency/ESTADIO CONTÚDOThe company may be required to appoint a delivery person under the CLT model

Sixth grade of Supreme Labor Court (TST) recognized the working relationship between the application Rabbi And one of the delivery men and demanded their appointment CLT. The decision related to an action taken by a worker and can still be appealed. Raby stated in a statement that she disagrees with TST’s decision and will appeal. The company confirmed that it obtained a positive decision from the Regional Labor Court in the Second District due to the lack of a link between the platform and delivery drivers, in a general civil lawsuit it filed. Ministry of Public Labor Against Rabi. The app also said that it considers the discussion regarding the relationship between deliverers and platforms important and that it is actively cooperating with the working group discussing the matter. In her justification, Rapporteur Katia Magalhães Arruda, from TST, stated that there are, in the case of the delivery man bringing the claim, elements that characterize the employment relationship, such as “the provision of work by an individual, with character and not the possibility (or habituation) of dependency and exhaustion.

The decision dates back to September 15, the same week in which a labor judge imposed a similar ruling on Uber, requiring the application to sign the work cards of all drivers registered on the platform in Brazil. In Rappi’s case, the company is not yet obligated to take any action, as it will appeal the decision. However, if the Federal Supreme Court (STF) also eventually recognizes the employment relationship, the platform will have to register the delivery person who took action in the employment registry, guaranteeing him all the rights under labor laws. The decision does not include all workers involved in the application, but it sets a precedent for the Ministry of Public Labor (MPT) to request recognition for other employees.

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