As the understanding in the field of labor continues to be carved out, the third organ of the Supreme Labor Court (TST) Formed a majority to recognize the working relationship between Uber and app drivers. In theory, the decision is valid, but there is still room for appeal, as other groups have previously ruled on this case and have decided against it.
In the midst of contradictory decisions, it is up to Uber to appeal, so that the entire TST, finally, works to unite understanding.
Yesterday, the second out of three ministers from the Third Committee voted in favour Recognition of the relationship is in a process that discusses the relationship, but judgment is suspended due to a request for an offer. Minister Mauricio Godinho Delgado, rapporteur of the operation, had already voted for it in December 2020. According to his reasoning, everyone working on the application is classified as an employee of the company.
The session resumed on Wednesday (15) with the vote of Minister Alberto Luis Bresciani, who accompanied the Rapporteur’s understanding. After the majority was formed, Minister Alexandre Belmonte requested a vision to better analyze the process.
In previous decisions, TST has specified that there is no employment bond for Uber and drivers: the most recent was last November, when the Fourth Committee rejected the action of a driver from Rio de Janeiro, who had already requested a guarantee. In the first and second instances of regional labor court (TR).
In May 2020, the Fifth Committee of the TST also decided that there is no working relationship in the case of drivers who are partners in the application.
In regional courts, judges have recognized the business relationship, and imposed it on Uber, including the employment model via a CLT (signed license), as well as severance payments, overtime, and compensation for moral damages.
in April, Discount I published an article on this topicAnd when One of the TRT-15 groups, in Campinas, has acknowledged the existence of a working relationship between the driver and Uber. Read the full text here.
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