Uber: government project says driver is self-employed – 02/28/2024 – Market

The Luiz Inácio Lula da Silva (PT) government retreated from the initial idea of ​​classifying app drivers into three professional categories — one of them by the CLT (Consolidation of Labor Laws) — and will send a bill to Congress in which it recognizes these workers as self-employed .

The framework is contained in a draft regulation for the sector, to which the Sheet had access, which determines a contribution to the INSS (National Social Security Institute) of 7.5%, hourly payment of R$32.09 and remuneration of at least the minimum wage, currently R$1,412.

If approved by congressmen, the proposed law will create a new professional category, that of self-employed platform workers, which is in line with judicial decisions from the STF (Supreme Federal Court), which classifies the category as self-employed.

Workers who use motorcycles were left out of the negotiations, because no consensus was reached with companies in this area, even after a year of debates between the MTE (Ministry of Labor), app companies, delivery drivers and trade unionists.

According to the draft drawn up by the department headed by Luiz Marinho and delivered to Palácio do Planalto, drivers must pay 7.5% Social Security contribution on the salary received.

Companies will contribute 20% of the professional’s minimum remuneration, which will correspond to 25% of gross income.

The minimum hour will start to be charged from the moment the professional accepts the trip, that is, for the hour worked, and not for the hour logged in, as the category wanted.

The R$32.09 corresponds to R$8.02 in remuneration for the services provided, and R$24.07 as reimbursement for the professional’s costs.

MTE, Uber and 99 did not respond until the publication of this report. When contacted, Amobitec (Association of Mobility and Technology), which represents applications such as Uber, 99 and iFood, among others, said that it will only comment when the proposal is officially announced.

The draft bill also says that this type of professional activity will be governed by the new law as long as the service is provided “with full freedom to decide on the days, times and periods in which it will connect to the application”.

There is, however, a limit on working hours, up to 12 hours per day. According to the project, the limitation aims to “ensure the safety and health of workers and users”.

The INSS contribution will be collected by the company responsible for the application and allocated to Social Security on the 20th of each month.

The professional’s data must be registered in the Federal Revenue’s own system, probably eSocial, and the platforms may be inspected by work auditors.

If they fail to comply with the law, companies will be subject to a fine of one hundred minimum wages, which amounts to R$141,200 this year. The worker’s remuneration will be readjusted each year, according to the increase in the minimum.

The draft also provides that workers will be represented by a trade union in the professional category “four-wheel vehicle app driver” and intermediary companies will be represented by a trade union in the specific economic category.

The entities will have the following responsibilities: collective bargaining; sign collective agreement and convention; and collectively represent workers and companies in judicial and extrajudicial demands of interest to the category.

Lawyer Adriane Bramante, a specialist in Social Security and representative of the advisory board of IBDP (Brazilian Institute of Social Security Law), says that the contribution to the INSS foreseen in the project is new, that is, there is no social security precedent, which indicates the creation of a new professional category.

Today, individual taxpayers pay rates of 11% on the simplified plan or 20% on the full plan. The proposal, however, does not define which social security benefits the professional will be entitled to.

“The contribution is new and borne by the company that owns the application. The contribution would be presumed for the driver and, as is the case today with individual taxpayers who provide services for another company, it will be collected by the company”, he explains.

According to the draft, the law will come into force 90 days after approval.