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A recent labor court decision has caused controversy in the delivery sector. The company Rappi was forced to hire all its deliverers under CLT (Consolidation of Labor Laws), under penalty of a fine of R$ 1,000 per worker who does not have the contract properly regularized.
This measure is part of a continuous chapter in the labor court’s struggle to maintain its relevance. The Supreme Federal Court (STF) has already established that this type of hiring is legitimate, questioning the decision of the São Paulo court.
Why Is CLT Under Discussion?
The issue goes beyond Rappi’s case. Worldwide, the CLT model is losing ground. Many argue that this happens because it is bad for workers, making the labor court increasingly irrelevant. In other words, if no one wants to hire under CLT anymore, what is the purpose of this entity?
The action was filed by the Public Prosecutor’s Office of Labor in São Paulo, which alleges irregularities in the hiring of Rappi’s deliverers. According to the agency, even though it is app-based work, it should be governed by CLT.
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For the economist José Kobori, the USA gained a trump card to “blackmail” Brazil and undermine China’s influence by classifying the PCC and Comando Vermelho as terrorists, increasing the power to pressure companies, banks, and even Pix.
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The labor shortage has changed its face in Brazil: companies hire 80% more, but workers stay only 6.8 months in the job, the service market becomes a “revolving door,” and businesses spend increasingly more to train teams that soon leave.
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Chinese giant chooses SC to set up its first factory in Brazil, investing R$ 250 million and producing MRI machines costing R$ 10 million each, with 100 direct jobs and 5% of revenue allocated to research.
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After selling a unit for R$ 115 million to pay off debts, a traditional factory in SC founded in 1932 has a new R$ 64.8 million plan denied by the court and retains about 690 workers in Joinville.
What Does CLT Say?
Article 3 of the CLT defines what an employee is, considering four criteria: personal nature, non-temporary nature, subordination, and payment. In the case of Rappi, the last two criteria are the subject of intense discussion. While some argue that the relationship is temporary and without direct subordination, others claim otherwise.
The Supreme Court already has an established understanding on the matter, which puts pressure on regional courts that rule differently. The expectation is that if the issue reaches the STF, the decision of the São Paulo court will be overturned.
The Human Side of the Story
Finally, it is worth noting that many workers rely on delivery apps as an essential source of income, especially in times of high unemployment. Therefore, the labor court’s decision affects not only companies but also the lives of thousands of people who depend on this type of work to survive.
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