Luara Zanfolin Frasson de Rezend
Lawyer at Marcos Martins Law Firm
Last Friday, February 7, the judgment of the appeal of a labor lawsuit in which the main claim was for recognition of an employment relationship with the company Uber was published
The way in which the service was provided, through a transport app, would not generate the right to the recognition claimed, which led to the unanimous reversal of the decision handed down by the TRT of the 2nd Region, which had recognized the relationship This is the first TST decision on the subject
The fact that the driver had autonomy to carry out his services and was not obliged to stay connected to the platform was one of the determining factors for the consensus, insofar as it reflected “the plaintiff’s ample flexibility in determining his routine, his working hours, the places he wishes to work and the number of customers he wishes to serve each day”, which would be incompatible with the recognition of an employment relationship
Another determining point for the decision was the fact that the plaintiff received the equivalent of 75% to 80% of the amount paid by the user, an amount higher than that defined by the TST as characterizing a partnership relationship.
Thus, the 5th Panel of the Superior Labor Court ruled that the appeal should be upheld and that the employment relationship did not exist, due to an infringement of article 3 of the CLT, as the services provided by the Claimant did not meet the requirements set out in that article of the Consolidation of Labor Laws.
Digite aqui
