Uber asks the STF to suspend all processes regarding employment relationships

Uber asked the Federal Supreme Court (STF) this Monday (4) for the national suspension of all processes regarding the recognition of an employment relationship between drivers and the platform. The petition was forwarded to the office of the case’s rapporteur at the Court, Minister Edson Fachin.

Uber’s lawyers pointed out that, according to the Attorney General’s Office (PGR), more than 17 thousand cases requesting recognition of the relationship are being processed in court. They asked Fachin to suspend the actions until the STF decides on the issue to “protect the principles of equality and legal certainty”.

Last week, the Court recognized, by a majority vote, the so-called general repercussion in the analysis of the dispute. The general repercussion is the mechanism that forces the entire Judiciary to follow the understanding established by the STF after the judgment of a case.

“It is, therefore, a procedural rule that aims to protect the delivery of decisions that conflict with the understanding that will be established by the distinguished Supreme Court. It is a logical and natural consequence of the principle of isonomy to ensure that all related processes, in progress in the Judiciary, receive the same treatment”, stated the lawyers.

The ministers will still analyze the case in fact, that is, a special appeal presented by Uber against the decision of the Superior Labor Court (TST) that recognized the right to a formal contract of a service provider.

Currently, the Supreme Court has contrary decisions on the subject. In December last year, the First Panel of the Court understood that there is no link between workers and the platforms. The same understanding has already been taken in other decisions valid for specific cases.

Amid the STF’s analysis of the case, President Luiz Inácio Lula da Silva (PT) presented this Monday a project to regulate the work of drivers on application platforms. The text provides for minimum payment per hour worked, a mandatory social security contribution and the creation of category, worker and employer unions. The proposal was sent to Congress on an urgent basis.