App drivers: government project foresees maximum working hours of up to 12 hours, without exclusivity and with minimum remuneration

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The bill that the government is expected to send to Congress next week to regulate the work of app drivers establishes that the worker’s maximum working day will be 8 hours a day – reaching 12 hours if there is a collective agreement. The project, for now, will be sent to regulate only passenger transport, in apps like Uber and 99. The government has not yet reached an agreement with companies like Rappi and Ifood, focused on transporting food and parcels. In 2023, IBGE collected data on workers’ routines using the app. Kayan Albertin/g1 The text, which should be signed next Monday (4) by President Luiz Inácio Lula da Silva, also provides for: the creation of a new professional category, called “platform self-employed worker”; that workers choose when they want to work and do not have an exclusive link with the platforms; that there be an employer and worker union, collective agreement and convention, as already exists with other regulated professions; so that the worker can access the data and criteria that govern the offer of trips and the “score” of workers on apps, the rules for suspension and exclusion from platforms and the formulas for calculating the performance of rides. Minimum remuneration The project also provides for a “minimum remuneration” for app drivers, in addition to the variable earnings generated by the races. This remuneration will have to meet some criteria: it needs to be readjusted annually, at least, to the same extent as the minimum wage adjustment; must consider drivers’ expenses with fuel, taxes, cell phones, car insurance and vehicle depreciation; the project proposes a value of R$32.09 per hour worked – with R$8.02 relating to work and R$24.07 relating to reimbursement of operation costs; cannot serve as a criterion for the company to reduce the offer of trips to the driver (for example, if the company finds that the worker has already reached a certain salary level); The project also creates rules so that drivers are entitled to Social Security. Based on the so-called “contribution salary” (25% of the gross amount paid to the worker), the contribution would look like this: a 7.5% discount on the worker’s salary, subject to the maximum limit of the general regime; a 20% supplement from the company, calculated based on the same base value. The text is the result of a negotiation between the Ministry of Labor, headed by Luiz Marinho, and the apps’ representatives in Brazil. If the text is approved by Congress, app drivers will be an autonomous category, that is, not linked by the Consolidation of Labor Laws (CLT). Government priority Since taking office, Lula has made it one of his priorities to guarantee labor rights for app workers – in the quest to create a minimum social protection network for this category. In 2023, a committee including workers and companies was created to debate the topic (see below). In 2023, a committee was created including workers and companies to debate the topic. Drivers prefer to be classified as entrepreneurs. Also for this reason, the project will not establish an employment relationship in the contracts at this first stage. The Federal Supreme Court (STF), meanwhile, is about to decide whether or not there is an employment relationship between the two sides. This week, ministers formed a majority in a virtual plenary to define that the ongoing action will have general repercussions. In practice, this means that the STF’s decision on this specific process will create a general understanding, to be applied by other courts in similar cases of disputes between apps and workers.

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