The Chamber of Deputies approved, in a single round, the bill (PL) that guarantees insurance against accidents and leave for COVID-19 for application deliverers such as iFood, Loggi, Rappi and Uber Eats. Despite advances in some rights for the category, the proposal should only last until the end of the new coronavirus pandemic, and discards the employment relationship between the self-employed and the platform.
A replacement for PL 1665/2020, authored by deputy Ivan Valente (PSOL-SP), proposed by the rapporteur of the text in the Chamber, deputy Fábio Trad (PSD-MS), was approved on Wednesday afternoon (1) by Chamber of Deputies.
Another 11 PLs related to application delivery rights were added to the PSOL deputy’s proposal. Thanks to modifications brought about by these other proposals, the original text had the support of the governing base, as well as the opposition itself. Only the Partido Novo was against the approval in the plenary, as it understood that the measure could restrict jobs in the area and harm both the platforms and the delivery person.
PL guarantees the delivery person an accident insurance of R$ 2 thousand
The proposal guarantees that platforms such as iFood, Rappi and Uber Eats provide financial assistance of R$ 2,000 to the delivery person while he is away due to the infection of the new coronavirus or in case of accidents.
In addition to the R$2,000 insurance, delivery companies per application will be required to pay IPVA and DPVAT insurance on the vehicle used for delivery. Valid for three years from January 1, 2020, the self-employed must receive food aid in the amount of R$200 and annual reimbursement of R$500 for maintenance on the motorcycle or car they drive. If the delivery person provides service for more than one app, the costs will be split between employers.
Platforms must send information about COVID-19 contamination prevention and risks to delivery personnel. A kit with a mask, alcohol gel, gloves and cleaning materials must also be provided to the couriers, according to the bill.
iFood, Uber and Rappi to provide food and rest
For the first time, delivery platforms will be required to provide food and drinking water between delivery intervals, leaving the delivery person with a set time to rest.
Establishments such as restaurants and cafeterias that offer products by iFood, Uber Eats and Rappi, or those that have their own fleet of self-employed people, cannot prevent these employees from using the restroom.
Also according to the replacement of PL 1665/2020, delivery companies must avoid at all costs that the delivery person comes into direct contact with the customer, ensuring that payment for the delivery can be made completely online. As for hygiene measures, the app should inform customers about the sanitary policy, aiming to protect deliverymen.
Finally, the proposal provides for a fine of BRL 5,000 for each delivery person for non-compliance with the law, in addition to a fine of the same amount for each hired freelancer who is in an irregular situation. It is worth remembering that the effects of all these measures should last until the federal government decrees the end of the state of emergency or until the end of the pandemic.
Proposal does not guarantee employment relationship with delivery person
Despite enabling the delivery category to have accident insurance and guaranteed food, the text does not establish that the working relationship between platform and self-employed must have an employment relationship.
This issue was raised in a recent debate held by the Chamber of Deputies, which heard representatives from the driver and delivery categories by application. One of them, president of the National Support Front for Autonomous Drivers (Fanma), Paulo Xavier Júnior, commented that 99% of Uber and 99 drivers “do not want CLT”.
In a speech to the plenary, deputy Fábio Trad stated that he met both with associations of deliverymen and with companies represented by Amobitec (Brazilian Association of Mobility and Technology) and ABO2O (Brazilian Association Online 2 Offline). They are: Nubank, iFood, Loggi, Rappi, OLX, Mercado Livre, Americanas, Uber and 99. Said the PSD deputy:
The objective reflected in my report is to guarantee the basic rights of application delivery people, without imposing a heavy burden on companies – without burdening them -, limiting the time frame to the pandemic, because that is the purpose of the bill headed by Deputy Ivan Valente.
According to deputy Alex Manente (Cidadania-SP), the replacement of the PL that provides more rights to deliverymen will not bring burdens to the platforms that employ deliverymen. After approval of the text by the Chamber, the matter goes to the Senate.