TECH

Government backs down on including app drivers in the CLT


The federal government gave up classifying app drivers into categories supported by the Consolidation of Labor Laws (CLT). Now, Planalto will send a bill to Congress that classifies this category of drivers as self-employed. The regulation does not include workers who use motorbikes and bicycles.

For those in a hurry:

  • The government gave up classifying app drivers into categories covered by the CLT. Now, Planalto will send a bill to Congress that classifies these drivers as self-employed. The regulation does not include workers who use motorbikes and bicycles;
  • The bill proposes the creation of the category “self-employed platform worker”, with a minimum remuneration of one minimum wage (R$1,400), working hours of R$32.09 and social security contribution of 7.5%;
  • The law, which comes into force 90 days after approval, also defines contributions of 20% by companies on the professional's minimum remuneration and the start of counting the hours worked from the acceptance of the trip.
  • In addition to establishing fines for violating companies, the proposal ensures annual adjustment of remuneration based on the minimum wage and provides for union representation for collective bargaining and legal demands.

The draft bill creates a professional category: self-employed platform worker. According to the “skeleton” of the text, this worker would have a salary of at least one minimum wage (R$ 1,412), an hourly wage of R$ 32.09 and a Social Security contribution (INSS) of 7.5% of the salary.

Read more:

The proposed law will come into force 90 days after its approval, establishing a new regulatory framework for app drivers in Brazil. The objective is to ensure labor rights and social security contributions. The information is from the newspaper Folha de S. Paulo.

New category for app drivers

(Image: Uber)

The name of the new category is in line with judicial decisions of the Federal Supreme Court (STF), which already consider the category to be autonomous, according to the newspaper. According to the project draft, companies will contribute 20% of the professional's minimum remuneration, which will correspond to 25% of gross income.

The minimum remuneration per hour worked starts from the moment the professional accepts the trip, and not based on the hour logged into the application. In addition, the amount of R$32.09 per hour is divided into remuneration for services and reimbursement of the professional's costs.

Companies that fail to comply with the new law will be subject to fines of one hundred minimum wages. And workers' remuneration will be adjusted annually based on the increase in the minimum wage.

The proposal also provides for the representation of workers by specific union entities for drivers of four-wheel vehicle applications and the representation of companies by union entities in the economic category.

Union entities will have the responsibility to negotiate collectively, sign collective agreements and conventions, and collectively represent workers and companies in judicial and extrajudicial demands.



Related Articles

Back to top button