The price of a ride with an app car could increase with regulation, warns lawyer

legislation

New rules in the driver-employer relationship introduce the category “self-employed platform workers”

The Bill that regulates the work of app drivers, such as Uber and 99, displeased part of the category because it generated many doubts, mainly about guaranteeing rights and the remuneration model. The new rules on the driver-employer relationship introduce the category “self-employed platform workers”. Labor lawyer Aline Laredo warns that when creating a contribution to employers, that is, another charge, there is a risk of the consumer being burdened by the increase in the price of providing the service.

According to the labor lawyer, the text sent to the National Congress on an urgent basis recognizes the category as autonomous, but includes workers in the INSS through a new payment classification of 7.5% on the 25% billed, and still leaves the union (which should be created for these categories) is responsible for other negotiations that were not included in the PL.

“The subject is very confusing. There was no response in the legislation that the category was expecting. In an initial analysis, it is ‘very poor in rights’, mainly in relation to security and the amount of remuneration they receive. However, the Law was very heavy on inspections and obligations, in addition to a great concern about the social security of this driver”, he highlighted.

The Law provides for a minimum remuneration of R$32.09 per hour worked, maximum time per day on each platform and mandatory social security contributions.

The category claims that remuneration should continue to be per kilometer driven and it is at this point that the public authorities should intervene. According to Aline Laredo, the workers’ concern has always been about the division of values ​​between driver and platform and about transparency about how this calculation is made.

social Security

Another controversy is that the Federal Government wants drivers to collect INSS by paying a rate of 27.50% (7.5% paid by drivers and 20% collected by operators). The Brazilian Federation of Application Drivers (Fembrapp) understands that the contribution must be in a simplified way, as individual microentrepreneurs (MEI) or as individual contributors, which would reduce bureaucracy and simplify collection.

“This Law brought the issue of contributions to retirement very strongly. It is worth remembering that the obligation for self-employed individuals to be individual taxpayers already exists, so this legislation combines several sections of other laws that are already in force and creates a new category. The issue of contribution can be positive for workers as social security payments cover not only retirement, but also in the event of an accident or illness, however, the Government is assuming that all drivers who register on the platforms They want to have this as a “job” and they want to work full time and that is not true, what these drivers value most is precisely their autonomy of using the app at the moment, at the time and for the number of hours they want” .

Another highlight made by lawyer Aline Laredo is that: “In the current structure we have two people in this relationship: the driver and the platform, each paying their taxes in the already established way, in the new model, the government will be part of this relationship and then we will have: driver, platform and government, as the PL determines that the government will enter into this relationship to make collections, have access to all information and data on these races, values ​​and registration… it also enters to carry out inspections and punishments.”

Data

Data from the Brazilian Institute of Geography and Statistics (IBGE) indicate that, in 2022, the country had 778 thousand people working in passenger transport applications, which is equivalent to 52.2% of workers on digital platforms and service applications. In Amazonas, there are at least 45 thousand workers according to the Manaus Application Drivers Association.

Uber

In a statement, Uber considers the proposal prepared by the federal government’s Tripartite Working Group as an important milestone aimed at balanced regulation of platform-mediated work.

“The project expands the protections of this new way of working without compromising the flexibility and autonomy inherent in the use of applications to generate income. The company values ​​the process of dialogue and negotiation between representatives of workers, the private sector and the government, culminating in the elaboration of this proposal, which includes consensus such as the legal classification of the activity, the model of inclusion and contribution to Social Security, a standard of minimum earnings and transparency rules, among others”, says part of the note.

The text, which was sent with constitutional urgency, which gives 45 days for the Chamber and 45 days for the Senate to analyze, should provoke many debates among parliamentarians.

*With information from consultancy

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