In June, the justices of the Federal Supreme Court (STF) decided, by 8 votes to 3, to strike down provisions of Law 13.103/2015, popularly known as the “Driver’s Law”, which edited the Consolidation of Labor Laws (CLT) to regulate the profession of road haulage driver, defining rights, duties and working conditions. The law establishes guidelines on working hours, driving time, rest breaks, infractions and penalties.
Published in 2015 and with some sections repealed in a recent decision by the Supreme Court, the legislation aims to guarantee the protection of professional drivers’ labor rights, safety on the roads and the quality of the services provided by truck drivers. Among the various changes, I believe that some have had a major impact on the labor sphere, since they have significantly altered the working hours of these professionals.
- Waiting time x working day: The time spent waiting to load and unload the truck and the time spent inspecting goods at barriers will now be counted towards the working day and overtime. The Supreme Court overturned a section of the law that excluded waiting time from the working day. So, from now on, waiting time will be part of the working day and paid as such. What’s more, if it is necessary for the driver to start and move the vehicle during this period, this time, if it exceeds the contractual working hours, must be paid with overtime.
- Payment for waiting time: the law used to stipulate that waiting time should be paid at the rate of 30% of the driver’s hourly wage. Waiting time will now count towards the working day and overtime, with a minimum legal surcharge of 50%.
- Splitting rest periods: The provisions that allowed the minimum rest period to be reduced, by splitting it up, and coinciding with the mandatory vehicle stop periods established by the Brazilian Traffic Code (CTB) were deemed unconstitutional. Now, the rest break will be 11 consecutive hours within a 24-hour working period, amending article 235-C, paragraph 3 of the CLT.
- Rest on the move: The possibility of resting while the vehicle is in motion has been invalidated for journeys involving two drivers. The rest can still be taken inside the vehicle, as long as it is stationary.
- Toxicology test: In the same judgment, the STF declared constitutional, i.e. validated, the requirement for a toxicology test for professional drivers, provided for in the law. The procedure makes it possible to check whether the professional has ingested substances that reduce their ability to drive and is required for those who have a license in categories C, D and E.This type of test is provided for in federal traffic legislation, for obtaining and renewing a driver’s license, and for hiring and firing workers.
- The changes presented will have a direct impact on the productivity of the category, since companies will have to comply with the new working hours, promoting the restructuring of all transportation, logistics and storage operations. In addition, there will be a financial impact due to the need to hire professionals to adjust working hours, as well as the probable increase in the need for overtime to be paid, which could even lead to a change in the hiring regime and, ultimately, make relevant operations unfeasible, generating financial consequences for companies operating in the sector.
I would also point out that the decision is likely to have a number of impacts on the freight and passenger transport sector, including an increase in the cost of freight and possible knock-on inflationary effects.
