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A Bill Aimed at Creating a Package of Rights for Ride-Hailing Drivers Has Been Submitted to Congress.
This bill in question was submitted this Monday (04) by President Luiz Inácio Lula da Silva (PT). The proposal establishes that there is no employment relationship between the driver and the app, as provided by the Consolidation of Labor Laws (CLT).
If this text is approved by the lawmakers, ride-hailing drivers will have the right to receive a minimum amount per hour worked. These professionals, along with the companies, will also have to contribute to the National Institute of Social Security (INSS). This measure aims to ensure that these workers are covered by Social Security and have access to the institute’s benefits.
The main points of the bill include the establishment of a working day of 8 hours daily, which may increase to 12 hours in case of a collective agreement. Additionally, the bill provides for the creation of the category “platform self-employed worker,” allowing the worker to choose when to work, without exclusivity.
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The bill establishes that the hourly wage should be R$ 32.09, and provides for:
- The existence of a union for the category;
- The requirement that the worker is knowledgeable about the rules for ride offers;
- The need for a minimum wage, in addition to the variable earnings from rides.
Ride-Hailing Driver in Brazil
According to a survey conducted by the Brazilian Institute of Geography and Statistics (IBGE) in 2022, Brazil had at least 1.5 million app workers.
Of this total, 52.2% worked with passenger transport, 39.5% with food and product delivery, and 13.2% with service provision. At the time of the survey, IBGE revealed that, on average, ride-hailing drivers earned R$ 2,454 per month.
Lula Says the Bill Needs Support from Lawmakers
This Monday, in a press conference, Lula stated that the bill will require support from lawmakers to be approved. In this sense, he recalled that, in other countries, these bills were passed with a small and tight margin of votes.
“You know you have to reach out to the deputies. Each caucus has a leader, so you will start by calling the leaders to talk. It is necessary that we do not get angry with the opposition; it’s about smiling and saying, ‘comrade, come on, for God’s sake, we are workers,’” said the president.
At another moment, the head of the Executive also mentioned that his government intends to negotiate with banks for credit lines aimed at ride-hailing drivers. This is because, according to Lula, “the passenger wants a new car, not an old one.” “All of this we have to make progress,” he declared.
Now, for the bill regarding the rights and contributions of ride-hailing drivers to become law, it will be necessary for senators and deputies to approve the text. After that, the document returns to Lula, who is responsible for the sanction.
The Ride-Hailing Driver Topic Is in the STF
Currently, a case is being processed in the Federal Supreme Court (STF) that aims to discuss whether a ride-hailing driver has or does not have an employment relationship with the platform on which they operate. This discussion is divided into two parts.
In the first part, it is discussed whether the topic will have general repercussions, that is, if it will be applicable to all instances of justice. In the second part, the justices will discuss whether or not there is indeed any employment relationship.
This first stage was decided last week. Unanimously, general repercussions were established, and what is decided in the second part must be followed by all other instances of justice in all similar cases.
Now, the rapporteur of the case, Minister Luiz Edson Fachin, may determine numerous measures for the progress of the action, such as holding public hearings or suspending processes addressing the topic in the Judiciary until the STF plenary judges the merits of the matter.
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