Amapá app drivers live with expectations about employment relationships – News of Brazil
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Cleber Barbosa
From the Editor
The Federal Supreme Court (STF) began the trial, which runs until March 1st, on the general repercussions on the theses that deal with employment relationships between companies, such as Uber, and their drivers. In Amapá, expectations from professionals working in the segment are high.
In analysis, Dr. Silvia Monteiro, a specialist in labor law, explains that the existence of an employment relationship between drivers and apps is a controversial topic and that these workers need to have social security support, but this must be done with caution.
“This is because, to this day, the need to establish specific legislation that covers the new working relationship that has emerged as a result of digital platforms in their different spheres has not been overlooked”, explains.
For the specialist, it is essential that a rule be made, including from a social point of view, because if there is no social security protection, when these workers are unable to work due to age or some pathology, we will have a society equivalent to that of period of the Industrial Revolution, impoverished, without purchasing power, without support from the state, which will result in increased levels of poverty and violence.
However, it is extremely controversial in doctrine and jurisprudence, including in higher courts (TST and STF), whether or not there is an employment relationship in the relationship between drivers and Uber, in accordance with current legislation (articles 2 and 3 of the CLT), whether or not it is ideal, whether or not it is sufficient, as it is the only one existing in the legal system and recognized by the Democratic Rule of Law and must be updated.
“We hope that the regulation of this type of work will be carried out as soon as possible by the Legislative Branch, so that companies that intend to invest in this activity have clarity and security, even when pricing the provision of services, of the costs involved in the production chain. ”, highlights Silvia Monteiro, from Urbano Vitalino Advogados.
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