Uber and 99 drivers do not want CLT, says president of the self-employed front – Legislation – Tecnoblog

The Chamber of Deputies is still a long way from reaching a consensus to pass bills that would regularize drivers and delivery people for platforms such as Uber, 99, iFood and Rappi. One of the main defining points is the employment relationship. But, according to the president of the National Support Front for Self-Employed Drivers (Fanma), Paulo Xavier Júnior, 99% of self-employed “don’t want CLT”. The speech was made on Tuesday (16), during a hearing to debate the topic in Congress.


Most drivers of apps like Uber and 99 don’t want a job, says Fanma president (Image: Paul Hanaoka/Unsplash)

The debate held yesterday in the Chamber of Deputies brought together deputies and presidents of organized fronts, unions and academics around the issue of regularization of application workers. At the moment, there are 20 bills on the subject circulating in Congress.

The meeting was proposed by deputies Afonso Motta (PDT-RS) and Augusto Coutinho (Solidariedade-PE), who is also the rapporteur of a bill on the regulation of self-employed workers from Uber, 99, iFood and Rappi.

“Uber and 99 decreased earnings”, says president of Fanma

For the president of Fanma, there are few self-employed people interested in having an employment relationship with the platforms. The problem is with security: Junior comments that today, the apps are able to put the driver in contact with passengers who want to steal their car.

“Today, our exposure is huge. Often, it is the platform that puts the passenger inside our car, and often it is someone who wants to rob, rob, and seek our livelihood”, said Júnior. He also criticized the way of banning application drivers:

“The platforms have a one-sided way of banning app drivers. If any user reports a situation inside the vehicle, even if he is wrong, and the driver is absolutely right, he is banned. No justification, no rights at all. He needs to go to court against the company, but it costs a lot”

The president of the drivers’ front also mentioned during the public hearing that, in the last seven years, since the arrival of the applications in Brazil, drivers have had to increase their working hours from 6 hours to 12 hours. “Since 2015, platforms have not increased at all, our earnings have decreased — before, for a minimum run, we received R$ 7. Today, for the same run, in some places, we received R$ 4”, he added.

67% of couriers do not want a bond, says Amobitec

Deputy Kim Kataguiri (DEM-SP) mentioned that Congress needs to consider the increased cost for platforms when passing a regulation for application services. The increase in expenses may result in lower remuneration for the self-employed, or even higher prices in races and deliveries. Kataguiri added:

“90% of court decisions do not recognize [os serviços por aplicativos] as an employment relationship due to lack of subordination and periodicity. The relationship that exists today, with autonomy and flexibility, should even be transferred to other professions.”

Flávio Prol, executive director of the Brazilian Association of Mobility and Technology (Amobitec), said that the platforms are already fighting each other over deliveries and services. According to Prol, 67% of deliverymen say they prefer to work for the platforms because they can define their own journey without the supervision of a boss.

Labor Attorney says there is an employment relationship

Members of the Judiciary Power were present at the Chamber hearing that debated the employment relationship for self-employed persons. Recently, the Public Ministry of Labor (MPT) filed a lawsuit against Uber, 99 and Rappi, so that companies recognize the relationship with workers.

The representative of the National Association of Magistrates of Labor Courts (Anamatra), Rodrigo Trindade, criticized the lack of negotiation between the platforms and the self-employed under the justification that they are only intermediaries for the service.


Rodrigo Trindade, representative of Anamatra, speaks to the Chamber of Deputies (Image: Billy Boss/ Agência Câmara)

He highlighted that, regardless of the recognition of employment, the new law covering Uber, 99, iFood and Rappi must ensure minimum rights for workers.

Tadeu Cunha, labor attorney and coordinator of the National Coordination to Combat Fraud in Labor Relations (Conafret), said that the current work model for drivers and deliverymen allows them to be classified as employees with a bond.

With information: Agency Chamber

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