Regulation of app drivers goes to Congress

President Luiz Inácio Lula da Silva (PT) sent to the National Congress, on Monday (04), the bill with a package of rights for app drivers. Now, the project goes for analysis by deputies and senators. If approved, the text provides for a minimum value of R$32.09 per hour worked and contribution, together with companies, with the INSS.

For those in a hurry:

  • President Lula (PT) sent to Congress the bill that aims to establish rights for app drivers – including a minimum value of R$32.09 per hour worked and contributions to the INSS. However, the text does not provide for employment under the CLT;
  • The proposal classifies drivers as independent contractors by platform. Thus, it allows them to work for multiple applications without an exclusivity regime, as is currently the case;
  • The project suggests specific rights, such as minimum working hours, a limit of 12 hours per day, creation of a trade union, and establishes bases for drivers' remuneration and social security;
  • Entities representing drivers expressed concerns about the hourly payment model and proposed journey limits. They argue that they might not be suitable for the dynamics of demand for the service and plan to present an alternative proposal to Congress.

However, the government's proposal does not establish an employment relationship between drivers and companies. In other words, workers do not enter into the Consolidation of Labor Laws (CLT) regime (the Digital Look explained this retreat). According to the text, professionals would be considered autonomous.

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Government project for app drivers

Person with cell phone in hand asking for a ride on Uber
(Image: nrqemi/Shutterstock)

The federal government proposes, through the bill, the regulation of the service provided by drivers of 99, Uber and other platforms of this type. But it does not include “two-wheeled” delivery people – that is, those who use motorbikes and bicycles to work (at iFood and Rappi, for example).

The bill provides for a new professional category: self-employed by platform. In legal terms, it means that drivers will be able to work without an exclusivity regime. In practice, this means that they will be able to provide services for more than one application, as is currently the case.

Check out the main points of the government proposal sent to Congress below:

  • Minimum working hours of eight hours (calculated per hour worked, without considering the time the driver spends stopped waiting for rides to appear on the app);
  • Work limit of 12 hours per day (also calculated per hour worked);
  • Creation of a category union and minimum remuneration for drivers (text proposes a minimum hourly rate of R$ 32.09);
  • Right to social security, through a contribution of 7.5% of salary and a subsidy, by the platform, of 20% (which entitles you to maternity benefit and sickness benefit, for example).

Repercussion of the project

(Image: Max4e Photo/Shutterstock)

For the Brazilian Federation of Application Drivers, the changes proposed by the government will be harmful to drivers. This is because, according to the entity, hourly payment does not take into account variations in demand and can encourage excessive working hours.

The text of the project points out that this “ceiling” serves to guarantee the health and safety of both drivers and their passengers. In practice, 99 and Uber already apply this limit. After 12 hours online, the driver is logged out and can only log back in six hours later.

The point here is: calculating hours worked takes into account mileage driven and travel time. The limit foreseen by the government project means 12 hours of running – that is, it does not take into account the time between runs. The São Paulo Application Drivers Association also criticized the project. The entity intends to present an alternative text to Congress.

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