Bruna Cristine de Souza Bevilacqua
Lawyer at Marcos Martins Advogados
We know that the technological revolution has been the subject of significant debate, whether in the economic, political, social or even legal spheres. The now almost popular term Industry 4.0 or Fourth Industrial Revolution was coined at a technology fair in the city of Hannover, Germany, in 2011.
In short, it was a proposal by the German government in association with technology companies, universities and research centers in the country, with the aim of changing the way factories operate today.
The futuristic vision called for the decentralization of process control and the proliferation of interconnected intelligent devices throughout the production and logistics chain in factories. In practical terms, there are still discussions about the implementation of Industry 4.0, but what has been noted is the gradual adoption of the use of technologies for the benefit of day-to-day practicality.
In Brazil, there has been a significant take-up of delivery apps, especially in the food industry. The market for delivery apps is heating up, with many companies making a name for themselves.
According to a survey carried out by the Brazilian Association of Bars and Restaurants (ABRASEL), the rate of growth/billing in the number of orders via delivery apps is R$1 billion every year, and in 2018 it was around R$11 billion.
It’s clear that the delivery app market is attractive and lucrative, which is why many established companies in other areas are offering food delivery services. Of course, the credit goes to technology, as it provides users with facilities such as the possibility of searching for nearby restaurants, by type of dish or delivery time, which was not possible a few years ago.
All you need is a smartphone and in a few clicks the app locates the establishment you want, allowing you to pay by credit card on the platform, without any complications.
And here, in the midst of so many facilities, we need to take a moment to reflect and ask ourselves a small question: how is it possible for deliveries to be so agile and fast?
In addition to the help of technology, motorcycle couriers play a fundamental role in deliveries, and to this end, companies monthly rewarded professionals who stood out for their competence and commitment, who also received quality certificates. Campaigns such as “The Golden Helmet” emerged to reward couriers.
For companies, the awards are a way of encouraging delivery drivers to do their jobs with efficiency, quality and dedication. This understanding is embodied in the Consolidation of Labor Laws, in its article 457, paragraph 4 [1].
However, a growing number of accidents involving delivery workers was noted, as they wanted to make as many deliveries as possible, while risking their lives in order to receive the prize.
And in this area, what many companies don’t know is that in 2011 Law 12.436 was sanctioned, which prohibits establishments from “encouraging” motorcycle couriers to ride at high speed in order to make deliveries in the shortest time.
Article 1, I [2] of the law prohibits offering prizes to delivery drivers, and a fine of between R$ 300.00 and R$ 3,000.00 is set for employers or contractors of motorcycle courier services (motoboys) who establish “practices that encourage speeding”.
This matter has already been the subject of a judgment by the Regional Labor Court of Minas Gerais, which ruled in the case of a chain of pizzerias that motoboys cannot be paid for the number of deliveries, nor can they be rewarded, since the practice encourages speeding, increasing the possibility of accidents, in total disagreement with Law 12.436/11.
And it is in these logistics that Marcos Martins has invested in knowledge about new technologies, always aiming to adapt the reality of companies to the new era.
[1] Art. 457. § 4º. CLT. Prizes are considered to be benefits granted by the employer in the form of goods, services or money to an employee or group of employees, due to performance beyond what is ordinarily expected in the course of their activities.
[2] Law No. 12.436 of July 6, 2011. Art. 1. Companies and individuals who employ or take on services provided by motorcyclists are prohibited from establishing practices that encourage speeding, such as:
I – offering prizes for meeting targets for numbers of deliveries or provision of service.
