The Higher Labor Court (TST) analyzed and found the driver’s claim against Uber favorable. The 3rd class agency recognized the employment relationship between the driver and the company. In addition, records were found to be returned to the source for the Labor Court to review requests. This is the first time the court has ruled in favor of the employee. Previously, the 4th and 5th boards made opposite decisions. Decision dated 6 April.

The decision was not unanimous and supported the understanding of the speaker, Minister Mauricio Godinho Delgado. During his vote, Delgado said that drivers should have some sort of protection for workers through apps.

“As we know, we do not have specific legislation regulating this issue and trying to ensure the social, professional, economic, cultural and institutional inclusion defined by the Constitution. I am also not saying that it should be CLT, but specific legislation providing a minimum of social inclusion, ensuring the rights of this category“, he decided.

“The fact is that the inaction of the legislator does not entail the disappearance of the Constitution of the republic or the law of the country, but it is up to the magistrate to formalize the norms into a fact and that the fact is regulated by law.“, he added.

The speaker explains that there are elements that define the employment relationship between a driver and Uber. He cites the example of subordination, where the application sends objective orders that must be completed by drivers.

After the result, Uber said it would appeal the decision.”which, in addition to not being unanimous, represents an isolated understanding and is contrary to all five cases that have already been unanimously considered by the Court itself – the most recent of them in November“, he said in a note.

Thus, the case can be brought to standardization in labor court for the Specialized Division of Individual Cases (SBD-I).

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Source: JOTA