Government proposal for app work divides companies

The federal government’s proposal to regulate work through applications, which provides for contributions to Social Security, but removes the framework in the CLT, divides companies and workers in the sector.

On the one hand, the new rules, which the government promises to announce this year, converge with those defended by the largest delivery and transport platforms in operation, such as iFood and Uber. On the other hand, they are seen as insufficient by other companies and workers.

This Wednesday (27), a few hours after Minister José Carlos Oliveira (Labor and Social Security) confirmed that the new contract model has an “advance design”, Amobitec (Brazilian Association of Mobility and Technology) presented in Brasília (DF) a letter in which he defends the inclusion of professionals in the Social Security system through a model that maintains the flexibility and autonomy of couriers and drivers.

In the document, the entity – which represents iFood, Uber and 99, among others – defends assuming part of the cost of this inclusion in the public pension system, as in the traditional CLT contract, but, on the other hand, says that the “expansion of protection social media shouldn’t happen based on old rules that don’t fit the reality of working on platforms.”

For ABO2O (Associação Brasileira Online To Offline), which represents companies such as Loggi, Rappi and 150 other applications, the discussion of regulation cannot be reduced to the collection of contributions to the INSS and must include demands from professionals, such as the possibility of “accepting or refuse service requests without penalty and activation by the professional on multiple platforms simultaneously”.

Among couriers, the assessment is that the general guidelines released by the government leave out the discussion of freedom of choice of races and routes and the relationship of applications with logistics operators (OLs) -companies that provide delivery men to platforms, to that they guarantee the supply of professionals regardless of the time or weather condition.

Edgar Francisco da Silva, aka Gringo, president of Amabr (Association of Applications and Self-Employed Motorcyclists of Brazil) attended a meeting at the Ministry of Labor and Social Security on April 20 to discuss the proposed regulation.

Also at the meeting were the president of Amasp (Association of Application Drivers of São Paulo), Eduardo Lima, Duda, and the councilor for São Paulo Marlon Luz (MDB).

“Our category really doesn’t want to be CLT, but we don’t want to be treated that way. [O projeto] need to ensure that the platforms do not treat us as celetistas, with schedules, etc. There are applications that, with some adjustments, we could really have a relationship of autonomy.”

In his assessment, the applications are in a hurry to pass new legislation on the subject to prevent new court decisions determining the recognition of the employment relationship.

In early April, the 3rd Class of the TST (Superior Labor Court) concluded a judgment that, by majority vote, determined that Uber would register a driver as an employee.

Aline Viotto, from the executive board of Amobitec, says that the letter of principles released this Wednesday is a first proposal for the subject, the result of an internal discussion of the entity. “The idea is precisely to start the discussion process. What was presented today is not a finished proposal.”

During a seminar held this Wednesday by Fundação Getulio Vargas on the subject, Viotto argued that only a balance between contributions paid by delivery people and application companies will allow there to be no passing on of costs to the consumer.

“This regulation, to be effective, has to respond to the demands of this market and the use of multiple platforms”, he said. In the letter of principles, the association says that “contributions to Social Security must be proportionate to the level of engagement in the respective platforms.”

For the National Council of Motodeliverers, Motofretistas, Motoboys and Cyclists Unions, the discussion led by the government will only serve application companies. “The worker, once again, will be burdened and without labor rights.”

Gilberto Almeida do Santos, from the São Paulo union, says that the proposal formalizes precariousness. “This is an aberration and goes against the path of resolving the situation of workers.”

For unions, delivery people and drivers need to be hired as company employees, based on labor legislation and the specific rules of each sector. In the case of delivery people, with the payment of the hazard pay, for example.